BSA Section 9 — When facts not otherwise relevant become relevant

Summary

Sub-section (1) covers facts that are not otherwise relevant but become relevant if they contradict a fact that is in issue or a fact that is already relevant to the case.

Sub-section (2) covers facts that are not otherwise relevant but become relevant if, on their own or when combined with other facts, they make the existence or non-existence of a fact in issue or a relevant fact highly probable or highly improbable.

Illustration (a) gives an example where the question is whether A committed a crime in Chennai on a certain day. The fact that A was in Ladakh on that day is relevant, as is the fact that at the time near the crime, A was at a distance from the crime scene making it highly improbable, though not impossible, that he committed it.

Illustration (b) gives an example where the question is whether A committed a crime, and the circumstances show the crime must have been committed by either A, B, C, or D. Every fact showing the crime could have been committed by no one else, and that it was not committed by B, C, or D, is relevant.

Official Text

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.

Old <-> New Code Mapping

• IEA §11 — When facts not otherwise relevant become relevant