VoxJuris
Home › Acts › Evidence Act › Chapter XI › Section 167

Indian Evidence Act, 1872 · Chapter XI: Of Improper Admission and Rejection of Evidence

Section 167: No new trial for improper admission or rejection of evidence

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BSA section 169 (No new trial for improper admission or rejection of evidence)

In plain words

Wrongly admitting or rejecting evidence is not by itself a ground for a new trial or reversing a decision, if the court finds there was enough other evidence to justify the decision, or that the rejected evidence would not have changed it.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 167