Law Maker

PART II · CHAPTER II RELEVANCY OF FACTS · Closely connected facts

Section 9: When facts not otherwise relevant become relevant

The Bharatiya Sakshya Adhiniyam, 2023

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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 16 of our papers cite Section 9. Try these from the free papers:

  1. 1. Match List I (fact) with List II (provision of the BSA under which it is relevant): List I A. The accused was at Ladakh on the day on which the crime was committed at Chennai B. In a suit for damages, a fact which will enable the Court to determine the amount of damages C. A letter was posted in due course and was not returned through the Return Letter Office D. Marks on the ground produced by a struggle near the place of the murder List II 1. Section 5 2. Section 9 3. Section 10 4. Section 14

Practise questions on Bharatiya Sakshya Adhiniyam