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

Section 169, official text

Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.

In plain words

Improper admission or rejection of evidence is not, by itself, a ground for a new trial or for reversing a decision. A higher court looks at whether the decision can stand without the objected evidence, or whether the rejected evidence would have changed it.

Key points

• Test 1: independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision.
• Test 2: if the rejected evidence had been received, it ought not to have varied the decision.
• Either test is enough: the section is framed with “or” between the two.
• Who applies it: the Court before which the objection is raised.
• Not a licence to ignore errors: if neither test is met, the error can be a ground for a new trial or reversal.

Worked example

In an appeal against a conviction, the appellant shows that a document was admitted without proper proof. The Court finds that three independent witnesses proved the same facts, so there was sufficient evidence to justify the decision even without the document. Under section 169 the wrong admission is not a ground for reversal.

Related sections

• Section 141: Judge to decide as to admissibility of evidence — Judge decides admissibility
• Section 168: Judge's power to put questions or order production — Judge’s power to put questions
• Section 170: Repeal and savings — repeal and savings

Nearby sections

• Section 167 — Using, as evidence, of document production of which was refused on notice
• Section 168 — Judge's power to put questions or order production
• Section 170 — Repeal and savings