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.
Bharatiya Sakshya Adhiniyam, 2023
Section 1 Short title, application and commencement
Section 3 Evidence may be given of facts in issue and relevant facts
Section 4 Relevancy of facts forming part of same transaction
Section 5 Facts which are occasion, cause or effect of facts in issue or relevant facts
Section 6 Motive, preparation and previous or subsequent conduct
Section 7 Facts necessary to explain or introduce fact in issue or relevant facts
Section 8 Things said or done by conspirator in reference to common design
Section 9 When facts not otherwise relevant become relevant
Section 10 Facts tending to enable Court to determine amount are relevant in suits for damages