Bharatiya Sakshya Adhiniyam, 2023
BSA Section 9
When facts not otherwise relevant become relevant
In one line
BSA Section 9 deals with when facts not otherwise relevant become relevant and replaces Evidence Act 11.
Bare act text — BSA 9
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.
What changed from the Evidence Act
- Evidence Act 11 → BSA 9: No Change except in illustrations cities names are changed from Calcutta to Chennai and Lahore to Laddakh.
Frequently asked
What was BSA Section 9 in the Evidence Act?
BSA Section 9 (When facts not otherwise relevant become relevant) replaces Section 11 of the Indian Evidence Act, 1872. Evidence Act 11 is now BSA 9.
Still citing the Evidence Act? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BSA sections
- BSA 4 — Relevancy of facts forming part of same transaction
- BSA 5 — Facts which are occasion, cause or effect of facts in issue or relevant facts
- BSA 6 — Motive, preparation and previous or subsequent conduct
- BSA 7 — Facts necessary to explain or introduce fact in issue or relevant facts
- BSA 8 — Things said or done by conspirator in reference to common design
- BSA 10 — Facts tending to enable Court to determine amount are relevant in suits for damages
- BSA 11 — Facts relevant when right or custom is in question
- BSA 12 — Facts showing existence of state of mind, or of body or bodily feeling
- BSA 13 — Facts bearing on question whether act was accidental or intentional
- BSA 14 — Existence of course of business when relevant