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Section 9 - The Bharatiya Sakshya Adhiniyam, 2023
9. When facts not otherwise relevant become relevant.
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.
(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.
Related Sections
- Section 28: Entries in books of account when relevant
- Section 152: Question not to be asked without reasonable grounds
- Section 150: When witness to be compelled to answer
- Section 117: Presumption as to abetment of suicide by a married woman
- Section 110: Burden of proving death of person known to have been alive within thirty years