Section 92 of IEA : Section 92: Exclusion Of Evidence Of Oral Agreement

Explanation using Example

Imagine Rahul sells his car to Priya and they sign a written contract stating the sale price as Rs. 3,00,000. After the contract is signed, Priya remembers that Rahul verbally agreed to include the car's high-end stereo system in the sale, but this was not mentioned in the contract. Priya wants to enforce this verbal agreement.

Under Section 92 of The Indian Evidence Act, Priya cannot introduce evidence of this oral agreement to add to the terms of the written contract, as it would contradict the express terms of the written agreement that outlines the sale of the car for Rs. 3,00,000 without any mention of the stereo system.

However, if there was a separate oral agreement about the stereo system that does not contradict the written terms of the contract, and perhaps was a collateral agreement, then Priya might be able to prove its existence under the exceptions provided by the provisos to Section 92, particularly Proviso (2).