Section 9 in THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA

When facts not otherwise relevant become relevant

  1. 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.