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BSA · Section 9 · Chapter II — RELEVANCY OF FACTS

When facts not otherwise relevant become relevant.

What this section does

Facts not otherwise relevant become relevant if they are inconsistent with any fact in issue or relevant fact, or 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. This section provides a residual gateway for circumstantial evidence.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Facts that are inconsistent with, or make highly probable or improbable, a fact in issue are relevant even if not otherwise so.

When it applies

  • The fact that A was in Ladakh on the day a crime was committed in Chennai is relevant as inconsistent with A's presence at the crime scene.
  • Where a crime must have been committed by one of A, B, C, or D, facts showing it could not have been committed by B, C, or D are relevant.
Old-law correspondence

Derived from IEA s.11.

Read the official text

For the binding statutory text of BSA Section 9, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 9 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.