When facts not otherwise relevant become relevant
Section 11 of the Indian Evidence Act, 1872 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 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 Calcutta on a certain day. The fact that, on that day, A was at Lahore 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 11, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 9 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 The repealed enactment still governs what happened while it was in force.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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… It is further contended that the plea of alibi is available to the respondent at the earlier stage of filing her written statement but the trial Court has failed to consider that the burden of proof is on the respondent to prove her alibi plea beyond reasonable doubt and according to the conditions laid down under Section 11 of the Indian Evidence Act. - 16. That the trial Court has failed to observe that the documents filed by the appellant that Ex.A.2 legal notice, Ex.A.3 postal receipt and also admission of DW.1 in her cross-examination that "it is true that the plaintiff issued a demand legal notice prior to filing of the suit …
Questions about Section 11
What does Section 11 of the Indian Evidence Act deal with?
Section 11 of the Indian Evidence Act 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 11 of the Indian Evidence Act?
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: IEA 11, section 11 IEA, section 11 of the Indian Evidence Act. 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 11 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 9 (When facts not otherwise relevant become relevant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 11 of the Indian Evidence Act come into force?
Section 11 of the Indian Evidence Act, cited as IEA 11, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.