When facts not otherwise relevant become relevant
Section 9 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 9, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 11 When facts not otherwise relevant become relevant Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Questions about Section 9
What does Section 9 of the Bharatiya Sakshya Adhiniyam deal with?
Section 9 of the Bharatiya Sakshya Adhiniyam is headed "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;
How do I find court cases under Section 9 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 9, section 9 BSA, section 9 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 9 rule. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 9 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 11 (When facts not otherwise relevant become relevant), so the judgments decided under that provision are the case law on this one.
When did Section 9 of the Bharatiya Sakshya Adhiniyam come into force?
Section 9 of the Bharatiya Sakshya Adhiniyam, cited as BSA 9, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.