Section 9 BSA: When facts not otherwise relevant become relevant

Bharatiya Sakshya Adhiniyam, 2023

Section 9 BSA at a Glance

Section 9 BSA deals with when facts not otherwise relevant become relevant. It replaced Section 11 IEA on 1 July 2024.

Was IEA

Section 9 BSA Bare Act Text

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.

Source: Section 9, Bharatiya Sakshya Adhiniyam, 2023

Section 9 BSA in Simple Words

Section 9 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party rely on a fact that is not relevant under other provisions of the Adhiniyam. A court can treat that fact as relevant when it conflicts with, or strongly points for or against, a fact in the case.

First, a fact becomes relevant when it cannot stand together with a fact in issue (a main disputed fact the court must decide) or with another relevant fact. Under the Adhiniyam, when the question is whether someone committed a crime in Chennai on a given date, the person being in Ladakh on that same date is relevant.

Second, a fact becomes relevant when, alone or together with other facts, it makes a fact in issue or another relevant fact highly probable or highly improbable. Being far away near the time of the offence is relevant if the distance makes the person committing it highly improbable, even though not impossible. Where the circumstances show that the offence must have been committed by one of a few named people, facts showing that the others did not do it are also relevant.

When Section 9 BSA Applies

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.

Example of Section 9 BSA

In August 2024, a court in Pune has to decide the fact in issue of whether Farhan drove a specific car into a shop gate belonging to Priya on a certain evening. Priya claims the car struck the gate at night, while Farhan brings workshop records showing the engine of that car had been removed the day before and stayed dismantled at a garage all evening. Because the engine remaining dismantled at a garage all evening cannot stand together with the car being driven that night, the workshop record is inconsistent with the fact in issue. Under Section 9 BSA, the fact that the engine remained dismantled at the garage becomes relevant to whether Farhan drove that car into the shop gate.

Section 9 BSA in the IEA (Previous Law)

Section 9 BSA replaces Section 11 IEA from the old criminal code.

Section 11 of the Indian Evidence Act, 1872 became Section 9 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Only the place names in the illustration were updated, to Chennai and Ladakh.

View IEA Section 11 →Compare IEA 11 vs BSA 9 →

FAQs on Section 9 BSA

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·