Section 11 IEA: When facts not otherwise relevant become relevant

Indian Evidence Act, 1872

Section 11 IEA at a Glance

Section 11 IEA deals with when facts not otherwise relevant become relevant. From 1 July 2024 it is replaced by Section 9 BSA.

Now BSA

Section 9 →

Section 11 IEA Bare Act Text

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.

Source: Section 11, Indian Evidence Act, 1872

Section 11 IEA in Simple Words

Section 11 of the Indian Evidence Act, 1872 lets a party bring in a fact that is not relevant under other rules of the Act. A court can treat that fact as relevant when it clashes 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 Act, when the question is whether someone committed a crime in Calcutta on a given date, the person being in Lahore 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 11 IEA Applies

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.

Example of Section 11 IEA

In 2022, a court in Jaipur has to decide the fact in issue of whether Ramesh personally handed a specific painting to Anita on a certain Monday. Ramesh claims the handover happened at a market that morning, while Anita brings bank records showing the painting stayed locked inside an unopened vault throughout that entire week. Because the painting remaining inside an unopened vault all week cannot stand together with a handover on that Monday, the vault record is inconsistent with the fact in issue. Under Section 11 IEA, the fact that the painting remained locked in the vault becomes relevant to whether Ramesh handed the painting to Anita on that Monday.

Section 11 IEA in the BSA

Section 11 IEA is now covered under Section 9 BSA.

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 detailed comparison (IEA 11 vs BSA 9) →

FAQs on Section 11 IEA

What is Section 11 IEA?▼

Section 11 of the Indian Evidence Act, 1872 is the rule that makes facts not otherwise relevant become relevant in a case. 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 a crime impossible to be relevant under Section 11 IEA?▼

No. Under Section 11 IEA, 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 11 IEA apply when several facts work together instead of alone?▼

Yes. Section 11 IEA 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 11 IEA in BSA?▼

Section 9 BSA replaced Section 11 IEA from 1 July 2024 without any substantive change to the legal rule. Only the place names in the first illustration were updated 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, Indian Evidence Act, 1872 ·