Bharatiya Sakshya Adhiniyam, 2023
Section 102
Who may give evidence of agreement varying terms of document
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. A and 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.
Why this exists
Normally, once two people put their agreement in writing, courts don't let them contradict it with oral claims — this keeps written contracts reliable. But that strict rule exists mainly to stop the parties themselves from later lying about what they 'really' meant. Outsiders who weren't part of the deal, and had no chance to negotiate or control what got written down, shouldn't be trapped by someone else's paperwork if it hurts their genuine interests. This provision (carried over from Section 99 of the old Indian Evidence Act, 1872) creates that fairness exception.
Common misconceptions
- Myth: Nobody can ever contradict a written contract with oral evidence.
Fact: That rule applies strictly only between the parties to the contract; outsiders whose interests are affected can bring in oral or other evidence of a contemporaneous side-agreement. - Myth: Any random person can challenge any contract using this rule.
Fact: Only persons (or their legal representatives) whose own interests are genuinely affected by the document can use this exception — not unrelated third parties out of mere curiosity.