Correct option is B
The correct answer is
(b) Section 167. Section 167 of the Indian Evidence Act, 1872, provides that no judgment shall be reversed or a new trial granted on the basis of the improper admission or rejection of evidence unless such error has caused a failure of justice.
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Explanation:
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Section 167 I.E.A.: This Section ensures that the focus of legal proceedings remains on substantive justice rather than procedural errors related to the admission or rejection of evidence. A court will not order a new trial or reverse a judgment simply because evidence was improperly admitted or rejected, as long as it did not affect the overall outcome of the case.
Information Booster:
1.
No New Trial for Minor Errors: Section 167 emphasizes that minor procedural mistakes regarding evidence should not lead to a retrial unless they have resulted in a miscarriage of justice.
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Substantive vs. Procedural: The Section balances the need for procedural correctness with the need to avoid unnecessary retrials, which could delay justice.
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Judicial Discretion: Courts have the discretion to determine whether the improper handling of evidence has materially impacted the case's outcome.
Additional Information:
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Section 166 (a): Deals with the powers of a court to ask any question or order the production of any document in the interest of justice.
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Section 165 (c): Grants the judge the power to put questions to witnesses or parties in order to discover or obtain proper proof of relevant facts, not related to the finality of judgments concerning evidence.
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Section 161 (d): Relates to the cross-examination of witnesses who have referred to documents to refresh their memory, not to the improper admission or rejection of evidence.
