Section 9 IEA: Facts necessary to explain or introduce relevant facts
Indian Evidence Act, 1872
Section 9 IEA at a Glance
Section 9 IEA deals with facts necessary to explain or introduce relevant facts. From 1 July 2024 it is replaced by Section 7 BSA.
Section 9 IEA Bare Act Text
9. Facts necessary to explain or introduce relevant facts
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.
Illustrations(a) The question is, whether a given document is the will of A.
The state of A’s property and of his family at the date of the alleged will may be relevant facts.
(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true.
The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue.
The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B.
(c) A is accused of a crime.
The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 8, as conduct subsequent to and affected by facts in issue.
The fact that, at the time when he left home, he had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.
(d) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A’s service, says to A — “I am leaving you because B has made me a better offer.” This statement is a relevant fact as explanatory of C’s conduct, which is relevant as a fact in issue.
(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A’s wife. B says as he delivers it—“A says you are to hide this.” B’s statement is relevant as explanatory of a fact which is part of the transaction.
(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.
Source: Section 9, Indian Evidence Act, 1872
Section 9 IEA in Simple Words
Section 9 of the Indian Evidence Act, 1872 lets a party place background and explanatory facts before the court to help understand a fact in issue (a main disputed fact) or another relevant fact. These supporting facts are relevant only to the extent needed for that purpose.
Under Section 9 IEA, a fact is relevant when it introduces or explains a main or connected fact. This includes statements explaining the conduct of a person, a part of a transaction, or the nature of an event like crowd cries in a riot. It also covers background such as the property and family situation of a person on the date of a disputed will, or how the parties stood with each other when an alleged libel (a defamatory published statement) was made.
A fact is also relevant if it supports or rebuts (counters) an inference (a conclusion) drawn from another fact. For instance, leaving home soon after a crime is relevant as subsequent conduct under Section 8 IEA, and urgent business at the destination is relevant to explain that sudden departure.
Section 9 IEA further covers facts that establish the identity of a relevant person or thing, set the time or place of a relevant event, or show the relationship between the parties involved. Details beyond what is needed for these purposes are irrelevant.
When Section 9 IEA Applies
- A party wants to bring a fact that introduces or explains a disputed fact or a relevant fact.
- A party wants to prove a fact that backs up or counters an inference from a disputed or relevant fact.
- The identity of a person or object matters in the case and a fact helps establish who or what it is.
- A fact helps set the time or location where a disputed or connected event happened.
- A fact shows how the parties who carried out a disputed or connected act were related to each other.
Example of Section 9 IEA
When Section 9 IEA Does Not Apply
- Facts that go beyond what is needed to explain, introduce, support or counter an inference, identify a person or thing, set time or place, or show the relation of parties are not relevant.
- In a libel dispute, the specific details of a quarrel between the parties over an unrelated matter are irrelevant, even if the existence of a quarrel helps show how the parties stood with each other.
- When urgent business is used to explain why an accused person left home suddenly, further details of that business are not relevant unless needed to show that the business was sudden and urgent.
Section 9 IEA in the BSA
Section 9 IEA is now covered under Section 7 BSA.
Section 9 of the Indian Evidence Act, 1872 became Section 7 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The heading now reads "Facts necessary to explain or introduce fact in issue or relevant facts", with small spelling and wording edits in the illustrations.
View detailed comparison (IEA 9 vs BSA 7) →FAQs on Section 9 IEA
What is Section 9 IEA?▼
Section 9 of the Indian Evidence Act, 1872 makes background and explanatory facts relevant when they are needed to understand a fact in issue or another relevant fact. It covers facts that introduce or explain a relevant fact, support or counter an inference, establish identity, set time or place, or show the relationship between the parties. These facts are relevant only so far as needed for that purpose.
Can an accused person bring evidence under Section 9 IEA to explain leaving home after a crime?▼
Yes. While leaving home soon after a crime is relevant as subsequent conduct under Section 8 IEA, Section 9 IEA lets the accused person show that sudden and urgent business at the destination caused the departure. Only the facts needed to show that the business was sudden and urgent are relevant.
Are all details of an old quarrel between the parties relevant under Section 9 IEA?▼
No. The existence of a prior dispute may be relevant if it affected the relationship between the parties at the time of the event in issue. However, the specific details of a dispute over an unrelated matter are irrelevant.
What is Section 9 IEA in BSA?▼
Section 7 BSA. It replaced Section 9 IEA on 1 July 2024 with no substantive change to the rule, apart from minor wording and spelling updates in the heading and illustrations.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·