Section 9 in THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA

When facts not otherwise relevant become relevant

9. 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.