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BSA Section 9: When facts not otherwise relevant become relevant

Section 9 of the Bharatiya Sakshya Adhiniyam, 2023 deals with when facts not otherwise relevant become relevant. It replaces Evidence Act 11 of the Indian Evidence Act, 1872.

Text of BSA Section 9

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.

Evidence Act sections replaced

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