What Is BSA Section 102?

Bhartiya 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.

Brefe Detail

Section 102 of the Bhartiya Sakshya Adhiniyam, 2023, outlines the ability of individuals who are not parties to a document to provide evidence regarding agreements that may alter the terms of that document. This section emphasizes the importance of recognizing the interests of third parties who might be affected by such agreements. An illustration involving a written contract and an accompanying oral agreement highlights how a third party can present evidence if their interests are impacted.

Question & Answers

What does Section 102 of the Bhartiya Sakshya Adhiniyam, 2023 pertain to?

It pertains to the ability of non-parties to a document to provide evidence of agreements that vary the document's terms.

Who can give evidence according to this section?

Persons who are not parties to a document, or their representatives in interest, can give such evidence.

What is the example provided in Section 102?

A and B have a written contract for the sale of cotton, with an oral agreement for three months' credit.

Why can't the oral agreement be shown as between A and B?

Because the oral agreement does not form part of the written contract, but it may be shown by a third party (C) if it affects his interests.

Example

Example of a Contemporaneous Agreement:

If two parties have a written lease agreement but verbally agree to modify the rent amount, a neighbor (C) may provide evidence of the verbal agreement if it impacts their property interests.

Example of Evidence from a Third Party:

In a situation where two businesses agree in writing on delivery terms, but also verbally agree to extend payment terms, a creditor (C) may testify to the oral agreement if it affects their dealings with one of the businesses.

Summary

Section 102 of the Bhartiya Sakshya Adhiniyam, 2023, allows for the introduction of evidence by individuals who are not parties to a document regarding agreements that vary its terms. This section recognizes the role of third parties who may be affected by such agreements, allowing them to present evidence to protect their interests. The provided illustration clarifies how these principles apply in practical scenarios, reinforcing the importance of understanding the implications of contemporaneous agreements.