BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 9 — When facts not otherwise relevant become relevant.
Replaces Evidence Act Section 11.
Facts not otherwise relevant are relevant-- (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations. (a) The question is, whether A committed a crime at Chennai on a certain day. The fact that, on that day, A was at Ladakh is relevant. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. (b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant.
Nearby sections
- 6 Motive, preparation and previous or subsequent conduct.
- 7 Facts necessary to explain or introduce fact in issue or relevant facts.
- 8 Things said or done by conspirator in reference to common design.
- 10 Facts tending to enable Court to determine amount are relevant in suits for damages.
- 11 Facts relevant when right or custom is in question.
- 12 Facts showing existence of state of mind, or of body or bodily feeling.
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