Section 169 BSA: No new trial for improper admission or rejection of evidence
Bharatiya Sakshya Adhiniyam, 2023
Section 169 BSA at a Glance
Section 169 BSA deals with no new trial for improper admission or rejection of evidence. It replaced Section 167 IEA on 1 July 2024.
Section 169 BSA Bare Act Text
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.
Source: Section 169, Bharatiya Sakshya Adhiniyam, 2023
Section 169 BSA in Simple Words
Section 169 of the Bharatiya Sakshya Adhiniyam, 2023 stops a decision from being overturned solely for an evidence error. In any case, a party may object before a Court that evidence was improperly admitted or improperly rejected. That mistake by itself is not a reason for a new trial or for reversing the decision.
When evidence was improperly admitted, the Court hearing the objection examines the rest of the evidence on record. It leaves aside the admitted evidence that was objected to. If the remaining evidence is sufficient to support the decision, the decision is not disturbed on that ground alone.
When evidence was improperly rejected, the Court hearing the objection considers the effect of that excluded evidence. It checks whether receiving the rejected evidence ought to have altered the outcome. If the rejected evidence ought not to have changed the decision, the rejection alone cannot overturn the decision.
When Section 169 BSA Applies
- An objection is raised before a Court that evidence was improperly admitted or improperly rejected in any case.
- A party asks for a new trial or the reversal of a decision on the basis of that objection.
- For improperly admitted evidence, it appears to the Court that the remaining evidence was sufficient to support the decision.
- For improperly rejected evidence, it appears to the Court that receiving it ought not to have changed the decision.
Example of Section 169 BSA
Section 169 BSA in the IEA (Previous Law)
Section 169 BSA replaces Section 167 IEA from the old criminal code.
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.
FAQs on Section 169 BSA
What is Section 169 BSA?▼
Section 169 of the Bharatiya Sakshya Adhiniyam, 2023 provides that improper admission or improper rejection of evidence is not by itself a ground for a new trial or reversal of a decision. The decision stands if the rest of the evidence supports it or if the rejected evidence ought not to have changed it.
Can a decision be reversed under Section 169 BSA solely due to improper admission of evidence?▼
No. Under Section 169 BSA, if it appears to the Court hearing the objection that the remaining evidence was sufficient to support the decision, the improper admission alone is not a ground for reversal.
Does Section 169 BSA cover cases where a court wrongly refuses to take evidence?▼
Yes. Under Section 169 BSA, if the Court hearing the objection finds that receiving the rejected evidence ought not to have changed the decision, the improper rejection alone is not a ground for a new trial or reversal.
What is Section 169 BSA in IEA?▼
Section 167 IEA was the corresponding provision in the IEA. It became Section 169 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·