Practice paper — BSA Chapter XI — Of Improper Admission And Rejection Of Evidence

1.What is the primary rule under Section 169 of the Bharatiya Sakshya Adhiniyam, 2023 regarding improper admission or rejection of evidence?

• (A) Improper admission or rejection of evidence is always a ground for a new trial or reversal.
• (B) Improper admission or rejection of evidence shall not be ground by itself for a new trial or reversal if the Court finds there was sufficient independent evidence or that the rejected evidence would not have varied the decision.
• (C) Improper admission or rejection of evidence permits automatic reversal in all cases.
• (D) Improper admission or rejection of evidence requires the decision to be remitted for fresh evidence.

2.According to Section 169, when will an improperly rejected piece of evidence NOT by itself lead to reversal?

• (A) If it appears to the Court that, even without the rejected evidence, there was sufficient evidence to justify the decision or that receiving the rejected evidence would not have varied the decision.
• (B) If the rejected evidence was the only evidence against the party.
• (C) Only if both parties consent to ignoring the rejection.
• (D) Always, regardless of the Court's view on sufficiency of other evidence.

3.If evidence was improperly admitted at trial but, independently of that evidence, there was sufficient proof to justify the decision, can the improper admission alone justify reversal under Section 169?

• (A) Yes, improper admission always requires reversal.
• (B) Yes, but only if the appellate court so decides irrespective of other evidence.
• (C) No, improper admission alone cannot justify reversal if the Court finds there was sufficient independent evidence.
• (D) No, unless new evidence is produced on appeal.

4.If a piece of evidence was rejected and, had it been received, would have altered the decision, can the improper rejection be insulated from reversal by Section 169?

• (A) Yes, Section 169 always insulates any improper rejection from reversal.
• (B) Only if the trial court expressly validates the rejection.
• (C) Yes, because rejected evidence is never a ground of itself for reversal.
• (D) No, Section 169 applies only when the Court finds that the rejected evidence, if received, would not have varied the decision; if it would have altered the decision, the protection does not apply.

5.What is the legal effect of the phrase 'shall not be ground of itself' in Section 169?

• (A) It means improper admission or rejection can never lead to reversal under any circumstances.
• (B) It means improper admission or rejection alone is insufficient to overturn a decision; reversal is barred only where the Court finds independent sufficiency of evidence or that the rejected evidence would not have varied the decision.
• (C) It bars appellate courts from ever considering objections to evidence.
• (D) It allows reversal only when both parties request a new trial.