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BSA · Section 169 · Chapter XI — OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

No new trial for improper admission or rejection of evidence.

What this section does

Improper admission or rejection of evidence is not by itself a ground for a new trial or reversal of a decision, provided the court finds that there was sufficient other evidence to justify the decision, or that the wrongly excluded evidence would not have altered the outcome. This is a curative provision preventing technical evidentiary errors from automatically vitiating proceedings.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Erroneous admission or rejection of evidence does not warrant a new trial or reversal if the decision was otherwise sufficiently supported.

When it applies

  • If a court wrongly admits hearsay but the decision is fully supported by independent admissible evidence, the appellate court will not order a retrial on that ground alone.
  • Where a court improperly rejects a document but the remaining evidence amply justifies the verdict, the rejection is not a ground for reversal.
Old-law correspondence

Derived from IEA s.167.

Read the official text

For the binding statutory text of BSA Section 169, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 169 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.