Which Evidence Act section is BSA 102?

BSA 102 replaces Evidence Act 99.

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BSA Section 102: Who may give evidence of agreement varying terms of document

Section 102 of the Bharatiya Sakshya Adhiniyam, 2023 deals with who may give evidence of agreement varying terms of document. It replaces Evidence Act 99 of the Indian Evidence Act, 1872.

Text of BSA Section 102

102. Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.

Illustration.

Aand B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time, they make an oral agreement that three months’ credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.

Evidence Act sections replaced

Evidence Act 99: Who may give evidence of agreement varying terms of document

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