What is Section 9 BSA?

Section 9 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that makes facts not otherwise relevant become relevant in a proceeding. It applies when those facts are inconsistent with a fact in issue or another relevant fact, or when they make such a fact highly probable or highly improbable.

Does a fact have to make an offence impossible to be relevant under Section 9 BSA?

No. Under Section 9 BSA, a fact showing that the accused person was at a distance near the time of the crime is relevant even if committing the crime was not impossible. It is enough that the distance makes committing the crime highly improbable.

Can Section 9 BSA apply when several facts work together instead of alone?

Yes. Section 9 BSA covers facts that operate either on their own or together with other facts to make a disputed or relevant fact highly probable or highly improbable. For example, when a crime must have been committed by one of a few named people, facts showing that the others did not do it are relevant.

What is Section 9 BSA in IEA?

Section 11 IEA is the earlier provision that became Section 9 BSA on 1 July 2024 without any substantive change to the rule. Only the place names in the first illustration changed from Calcutta and Lahore to Chennai and Ladakh.

IEA 11 Is Now BSA 9: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	11	9
Heading	When facts not otherwise relevant become relevant	Same
Sub-sections	2 sub-sections	Same

IEA 11 and BSA 9: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 11, IEA 1872

11. 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. Illustrations (a) The question is, whether A committed a crime at Calcutta on a certain day. The fact that, on that day, A was at Lahore 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.

BSA 2023 (in force)

Section 9, BSA 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. 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.

When It Applies: IEA 11 vs BSA 9

Under IEA 11

A party wants to rely on a fact that is not relevant under another rule of the Act.
The fact cannot be true at the same time as a fact in issue or another relevant fact.
The fact, alone or along with other facts, makes a fact in issue or another relevant fact highly probable or highly improbable.

Under BSA 9

A party wants to rely on a fact that is not relevant under another rule of the Adhiniyam.
The fact cannot be true at the same time as a fact in issue or another relevant fact.
The fact, alone or along with other facts, makes a fact in issue or another relevant fact highly probable or highly improbable.

What IEA 11 to BSA 9 Means in Practice

Section 11 IEA became Section 9 BSA on 1 July 2024 with no substantive change, so the same rule applies in court. A party or reader should cite Section 9 BSA for matters governed by the BSA, and only the place names in the first illustration were updated from Calcutta and Lahore to Chennai and Ladakh.

IEA 11 to BSA 9: When facts not otherwise relevant become relevant

IEA 11 to BSA 9 at a Glance

What Changed From IEA 11 to BSA 9?

IEA 11 vs BSA 9: Comparison Table

IEA 11 and BSA 9: Bare Act Text Side by Side

When It Applies: IEA 11 vs BSA 9

What IEA 11 to BSA 9 Means in Practice