IEA 167→BSA 169

IEA 167 to BSA 169: No new trial for improper admission or rejection of evidence

Section 167 IEA (1872) replaced by Section 169 BSA (2023)

View IEA Section 167 →View BSA Section 169 →

IEA 167 to BSA 169 at a Glance

Section 167 IEA (No new trial for improper admission or rejection of evidence) is now Section 169 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 167 to BSA 169?

Section 167 of the Indian Evidence Act, 1872 became Section 169 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

IEA 167 vs BSA 169: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section167169
HeadingNo new trial for improper admission or rejection of evidenceSame

IEA 167 and BSA 169: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 167, IEA 1872

167. No new trial for improper admission or rejection of evidence.—The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.
BSA 2023 (in force)

Section 169, BSA 2023

169. No new trial for improper admission or rejection of evidence.—The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.

When It Applies: IEA 167 vs BSA 169

Under IEA 167
  1. An objection is raised before a Court about improper admission or improper rejection of evidence in any case.
  2. A party seeks a new trial or the reversal of a decision based on that objection.
  3. Where evidence was improperly admitted, the Court finds that the remaining evidence was sufficient to support the decision.
  4. Where evidence was improperly rejected, the Court finds that receiving it ought not to have changed the decision.
Under BSA 169
  1. An objection is raised before a Court that evidence was improperly admitted or improperly rejected in any case.
  2. A party asks for a new trial or the reversal of a decision on the basis of that objection.
  3. For improperly admitted evidence, it appears to the Court that the remaining evidence was sufficient to support the decision.
  4. For improperly rejected evidence, it appears to the Court that receiving it ought not to have changed the decision.

What IEA 167 to BSA 169 Means in Practice

Section 167 IEA became Section 169 BSA on 1 July 2024 without any change in wording. The same rule on improper admission or improper rejection of evidence applies, and a person should cite Section 169 BSA for matters governed by the BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·