BSA §102
Give evidence of agreement Illustration.
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Comparison
96. Evidence as to application of language which can apply to one only of several persons. –– When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to. Illustrations (a) A agrees to sell to B, for Rs. 1,000, “my white horse”. A has two white horses. Evidence may be give of facts which show which of them was meant. (b) A agrees to accompany B to Haidarabad. Evidence may be given of facts showing whether Haidarabad in the Dekkhan or Haiderabad in Sind was meant.
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. 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.
What changedAI-inferred
Evidence as to application of language which can apply to one only of several persons.
Old position
IEA 96 is concerned with Evidence as to application of language which can apply to one only of several persons. Evidence as to application of language which can apply to one only of several persons
New position
BSA 102 preserves the framework with drafting modernisations as required by the new code. Topic: Give evidence of agreement Illustration.. 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
BSA 102 (Give evidence of agreement Illustration.) preserves the framework of IEA 96. BSA 102 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 102 text: Persons who are not parties to a document,...
Editorial deltaAI-indicated (source-linked)
BSA 102 (Give evidence of agreement Illustration.) preserves the framework of IEA 96. BSA 102 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 102 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 96 continues to apply. For matters from that date forward, BSA 102 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 102 (Give evidence of agreement Illustration.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §96 → BSA §102 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/102.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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