Exclusion of evidence of oral agreement.

What this section does

Once the terms of a written contract, grant, or disposition are proved under section 94, no oral agreement or statement may be admitted to contradict, vary, add to, or subtract from those terms as between the parties or their representatives. However, several provisos permit oral evidence to show: facts invalidating the document (fraud, illegality, want of capacity, etc.); separate oral agreements on matters the document is silent about and not inconsistent with it; oral conditions precedent; subsequent oral agreements to rescind or modify (unless writing or registration is required); trade usage or custom; and facts showing how the document's language relates to existing facts.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

The parol evidence rule: oral evidence is inadmissible to contradict or vary a written instrument, subject to specified exceptions including fraud, collateral agreements, conditions precedent, and custom.

When it applies

• A written policy of insurance on goods 'from Kolkata to Visakhapatnam' cannot be varied by oral evidence that a particular ship was excepted from the policy.
• A written absolute promise to pay on 1 March cannot be varied by oral evidence that payment was agreed to be deferred to 31 March.

Derived from IEA s.92.