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.
Bharatiya Sakshya Adhiniyam
Section 9
When facts not otherwise relevant become relevant
⚡ Quick Answer Reference: Section 9 BSA
- Provision: Section 9 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section explains when facts that are not directly related to a case become important. It says that these facts are relevant if they contradict something that's already in dispute or if they make it very likely or unlikely that something happened.
What does Section 9 of BSA say?
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What does Section 9 of BSA mean?
Plain English Explanation
This section explains when facts that are not directly related to a case become important. It says that these facts are relevant if they contradict something that's already in dispute or if they make it very likely or unlikely that something happened.
Practical Interpretation
In real-life cases, this section helps judges decide what facts are important and what's not. It's used to figure out if a person was somewhere else when a crime happened, or if someone else could have committed the crime instead.
Core Legal Purpose
The core purpose of this section is to provide a clear guideline for judges to determine relevance of facts in a case, ensuring that only relevant facts are considered, and that the trial is fair and efficient.
- •Facts must be inconsistent with any fact in issue or relevant fact.
- •Facts must make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
- •High probability or improbability is determined by the facts themselves or in connection with other facts.
- •Facts that show a crime could have been committed by no one else are relevant.
Practical Example of Section 9 BSA
Rajesh is accused of committing a crime in Chennai. The prosecution presents evidence that Rajesh was in Ladakh on the day of the crime. This fact is relevant because it contradicts Rajesh's alibi. Additionally, if the prosecution shows that Rajesh was at a distance from the crime scene at the time of the crime, this fact is also relevant because it makes it highly improbable that Rajesh committed the crime.
Frequently Asked Questions about Section 9 BSA
Q: What is the punishment or consequence under Section 9 of BSA?
Section 9 of BSA does not prescribe any punishment or consequence. It is a procedural provision that deals with the relevance of facts in a case.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. It is a general provision that applies to all cases, regardless of the parties involved.
Q: Is an offence under this section bailable or cognizable?
This section does not create any offence. It is a procedural provision that deals with the relevance of facts in a case. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 9 BSA
What is Section 9 of BSA?
Section 9 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "When facts not otherwise relevant become relevant". In plain terms: This section explains when facts that are not directly related to a case become important. It says that these facts are relevant if they contradict something that's already in dispute or if they make it very likely or unlikely that something happened.
What are the elements of Section 9 of BSA?
The essential elements of Section 9 of BSA are: Facts must be inconsistent with any fact in issue or relevant fact.; Facts must make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.; High probability or improbability is determined by the facts themselves or in connection with other facts..
Landmark Judgments under Section 9 BSA
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Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 9
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