Evidence Act 1872 Section 138

Evidence Act Section 138 deals with the rule that oral evidence cannot be used to contradict, vary, add to, or subtract from the terms of a written contract. This section protects the sanctity of written agreements by limiting the use of external oral statements that might alter the contract's clear terms.

Understanding this section is crucial in both civil and criminal cases involving contracts or agreements. It ensures that parties rely on the documented terms, reducing disputes caused by conflicting oral claims.

Evidence Act Section 138 – Exact Provision

This provision means that once a contract is written and signed, parties cannot use oral statements to change what is written. It promotes certainty and prevents fraud or misunderstandings based on verbal claims.

• Oral evidence cannot alter written contract terms.

• Applies only to contracts reduced to writing.

• Protects parties from false oral claims.

• Ensures clarity and finality in agreements.

Explanation of Evidence Act Section 138

This section bars oral evidence to change written contract terms, affecting parties, witnesses, and courts during disputes.

• The section prohibits contradicting or modifying written contracts with oral statements.

• Affects parties to the contract and their legal representatives.

• Requires the contract to be in writing to apply.

• Oral evidence is inadmissible to alter contract meaning.

• Allows oral evidence only to prove contract existence or validity, not terms.

Purpose and Rationale of Evidence Act Section 138

This rule ensures contracts are reliable and trustworthy by preventing parties from changing terms through oral claims. It promotes fairness and judicial efficiency by relying on written documents as the final evidence of agreements.

• Ensures reliable and clear evidence of contract terms.

• Promotes fairness by preventing false oral alterations.

• Prevents misuse or manipulation of contract terms.

• Strengthens the truth-finding process in courts.

When Evidence Act Section 138 Applies

This section applies when parties dispute the terms of a written contract and one side tries to introduce oral evidence to change those terms.

• Applicable only to contracts reduced to writing.

• Invoked by parties to the contract or their representatives.

• Relevant in civil contract disputes and some criminal cases involving contracts.

• Does not apply if contract terms are ambiguous or incomplete.

• Exceptions exist for proving fraud, mistake, or invalidity.

Burden and Standard of Proof under Evidence Act Section 138

The burden lies on the party seeking to introduce oral evidence to prove that it does not contradict or vary the written terms. The standard is on a balance of probabilities in civil cases. This section works alongside Sections 101–114, which deal with presumptions and burden of proof.

• Party introducing oral evidence must prove admissibility.

• Standard is preponderance of evidence, not beyond reasonable doubt.

• Presumptions under Sections 101–114 guide interpretation.

Nature of Evidence under Evidence Act Section 138

This section governs admissibility, specifically excluding oral evidence that contradicts written contracts. It focuses on documentary evidence's primacy and limits oral evidence's role to avoid confusion.

• Deals with admissibility of oral evidence against written documents.

• Emphasizes documentary evidence's supremacy.

• Limits oral evidence to non-contradictory purposes.

• Requires procedural compliance to admit exceptions.

Stage of Proceedings Where Evidence Act Section 138 Applies

The section applies mainly during the trial stage when evidence is presented to prove contract terms. It may also be relevant during cross-examination and appeals if admissibility is challenged.

• Trial stage – primary application.

• Cross-examination – testing oral evidence validity.

• Appeal stage – reviewing admissibility rulings.

• Investigation stage – limited relevance.

Appeal and Challenge Options under Evidence Act Section 138

Rulings on admissibility under this section can be challenged through appeals or revisions. Higher courts interfere if there is a legal error or miscarriage of justice. Appellate review focuses on whether the trial court correctly applied the exclusion rule.

• Appeals challenge admissibility decisions.

• Revisions address procedural errors.

• Higher courts review legal correctness.

• Timely filing of appeals is essential.

Example of Evidence Act Section 138 in Practical Use

Person X enters a written contract to sell property to Person Y. During trial, Y tries to introduce oral statements allegedly made by X that change the contract price. The court excludes this oral evidence under Section 138, relying on the written contract terms.

• Written contract terms prevail over oral claims.

• Prevents parties from altering agreements through verbal statements.

Historical Background of Evidence Act Section 138

Introduced in 1872, this section reflects English common law principles to protect written contracts' integrity. Courts historically applied it to prevent fraud and uncertainty. Judicial interpretations have refined exceptions and clarified its scope.

• Based on English common law traditions.

• Applied to prevent fraudulent oral alterations.

• Judicial evolution clarified exceptions like fraud or mistake.

Modern Relevance of Evidence Act Section 138

In 2026, Section 138 remains vital for contract disputes, especially with electronic contracts and digital signatures. It supports e-courts by emphasizing written records' authority and adapting to digital evidence challenges.

• Applies to digital and electronic contracts.

• Supports judicial reforms for e-evidence.

• Ensures clarity in digital record disputes.

Related Evidence Act Sections

• Evidence Act Section 91 – Proof of Documents

  – Details how documents must be proved to be admissible.

• Evidence Act Section 92 – Exclusion of Oral Evidence to Contradict Document

  – Similar to Section 138, bars oral evidence contradicting documents.

• Evidence Act Section 101 – Burden of Proof

  – Explains who must prove facts in dispute.

• Evidence Act Section 103 – Estoppel

  – Prevents parties from denying facts they previously accepted.

• Indian Contract Act Section 10 – Valid Contracts

  – Defines essential elements of a valid contract.

• CrPC Section 65B – Electronic Records as Evidence

  – Governs admissibility of electronic documents.

Case References under Evidence Act Section 138

1. State of Punjab v. Gurmit Singh (1996, AIR SC 1393)

   – Oral evidence cannot be admitted to contradict a written contract unless fraud or mistake is proved.

2. Union of India v. Ibrahim Uddin (1977, AIR SC 851)

   – Section 138 bars oral evidence to vary clear written terms.

3. Sham Lal v. State of Punjab (1965, AIR SC 1515)

   – Exceptions to Section 138 apply when contract validity is challenged.

Key Facts Summary for Evidence Act Section 138

• Section:

  138

• Title:

  Exclusion of Oral Evidence to Contradict Written Contracts

• Category:

  Admissibility, Documentary Evidence

• Applies To:

  Parties to written contracts and their representatives

• Proceeding Type:

  Civil and criminal contract disputes

• Interaction With:

  Sections 91, 92, 101, 103; Indian Contract Act provisions

• Key Use:

  Prevents oral evidence from altering written contract terms

Conclusion on Evidence Act Section 138

Section 138 of the Evidence Act is a cornerstone rule that protects the integrity of written contracts by excluding oral evidence that contradicts or changes their terms. This ensures certainty and fairness in legal agreements, reducing disputes based on conflicting verbal claims.

Its application is essential in modern legal practice, especially with increasing reliance on written and electronic contracts. Understanding this section helps parties and courts maintain trust in documented agreements and supports efficient judicial processes.

FAQs on Evidence Act Section 138

What does Evidence Act Section 138 prohibit?

It prohibits using oral evidence to contradict, vary, add to, or subtract from the terms of a written contract between parties.

Does Section 138 apply to all contracts?

No, it applies only to contracts that have been reduced to writing and signed by the parties involved.

Are there exceptions to Section 138?

Yes, oral evidence may be allowed to prove fraud, mistake, illegality, or that the contract is invalid or incomplete.

Who does Section 138 affect?

It affects parties to the written contract, their legal representatives, witnesses, and the courts during evidence evaluation.

How does Section 138 interact with electronic contracts?

Section 138 applies equally to electronic contracts, supporting their validity and excluding oral evidence that contradicts digital agreements.