Section 9 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Here’s Section 9 of the Bharatiya Sakshya Adhiniyam, 2023:
📄 Section 9: When facts not otherwise relevant become relevant
Facts not otherwise relevant are relevant—
if they are inconsistent with any fact in issue or relevant fact;
if, by themselves or combined with other facts, they make the existence or non‑existence of any fact in issue or relevant fact highly probable or improbable.
Illustrations:
(a) If the question is whether A committed a crime in Chennai on a certain day, and evidence shows A was in Ladakh that day—this fact, while not directly relevant, becomes relevant by making A’s involvement highly improbable (thebharatiyanyayasanhita.in).
(b) If the crime could only have been committed by A, B, C, or D, then any fact that it couldn’t have been B, C, or D (e.g., they were elsewhere) becomes relevant (thebharatiyanyayasanhita.in).
🔍 Why Section 9 matters
This provision ensures that the court can consider seemingly unrelated facts if they significantly impact the probability of a core fact in the case—such as alibi evidence or exclusions of other suspects. It aligns with the principle in evidence law that relevance is determined by logical probative value, not just direct connection.
📚 Relation to the old Evidence Act
This mirrors Section 5 of the Indian Evidence Act, 1872, retaining its foundational role in defining relevance—meaning that long-standing case law interpreting such situations remains applicable under the new regime.
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