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Evidence Act · Chapter X · Of the examination of witnesses

Evidence Act section 166 in the BSA

Evidence Act 166Not carried over

Evidence Act section 166, “Power of jury or assessors to put questions”, was not carried into the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Evidence Act on 1 July 2024.

What changed

Why there is no BSA section

Not carried into the BSA. The section let jurors or assessors put questions to witnesses; there are no jury or assessor trials.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 166 Power of jury or assessors to put questions

In cases tried by jury or with assessors, the jury or assessors may put any questions to the witnesses, through or by leave of the Judge, which the Judge himself might put and which he considers proper.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).

Sources

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