Evidence Act · Chapter XI · Of improper admission and rejection of evidence

Evidence Act section 167 in the BSA

Evidence Act 167BSA 169

Evidence Act section 167, “No new trial for improper admission or rejection of evidence”, is now BSA section 169 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 167 to BSA 169

The words are the same as in the Evidence Act, apart from “Adhiniyam” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 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.

Bharatiya Sakshya Adhiniyam, 2023

Section 169 No new trial for improper admission or rejection of evidence

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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed.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The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)).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)).