What Is BSA Section 9?

Bhartiya Sakshya Adhiniyam, 2023 - Section 9: When Facts Not Otherwise Relevant Become Relevant

Facts not otherwise relevant are relevant—

• if they are inconsistent with any fact in issue or relevant fact;
• 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.

Brief Detail

Section 9 of the Bhartiya Sakshya Adhiniyam, 2023 explains when facts that are not otherwise relevant become relevant. The two main situations are:

1. Inconsistency with other facts: If a fact contradicts or is inconsistent with any fact that is directly in question, it becomes relevant.
2. Probability or Improbability: If a fact makes the existence or non-existence of another fact highly probable or improbable, it becomes relevant. This is true whether the fact stands on its own or is considered in connection with other facts.

Illustrations are provided to clarify these points: one example involves A's alibi for a crime, and the other deals with the process of identifying the criminal by elimination.

Question & Answers

Q1: What does Section 9 of the Bhartiya Sakshya Adhiniyam, 2023 address?

A1: Section 9 addresses when facts that are not otherwise relevant become relevant. This can happen if a fact is inconsistent with a fact in issue or if it makes the existence or non-existence of a fact highly probable or improbable.

Q2: What are the two situations in which facts not otherwise relevant become relevant?

A2: The two situations are:

1. When a fact is inconsistent with any fact in issue or relevant fact.
2. When a fact, by itself or in conjunction with others, makes the existence or non-existence of a fact highly probable or improbable.

Q3: How does Section 9 apply to the case where A's alibi is in question?

A3: In the case where A is accused of committing a crime in Chennai, the fact that A was in Ladakh on the same day is relevant because it makes it highly improbable that A committed the crime. This fact contradicts the possibility of A being at the crime scene.

Q4: How does Section 9 apply to a situation where multiple suspects are involved?

A4: Section 9 becomes relevant when determining which of multiple suspects committed the crime. If a fact shows that the crime could not have been committed by anyone except one suspect (e.g., A), then that fact becomes relevant in proving A's involvement.

Q5: What is the significance of probability or improbability in Section 9?

A5: Probability or improbability plays a crucial role in determining the relevance of a fact. If a fact makes it highly probable or improbable that another fact is true or false, it becomes relevant in the case.

Example

1. Alibi of A in a Crime Investigation

• The question is whether A committed a crime in Chennai on a particular day.
• A fact that A was in Ladakh on the same day is relevant, as it makes it highly improbable that A could have been in Chennai at the time of the crime.

2. Eliminating Suspects in a Crime

• The question is whether A committed a crime, and the suspects are A, B, C, or D.
• Facts that show the crime could not have been committed by B, C, or D, and that it could only have been committed by A, are relevant.