When facts not otherwise relevant become relevant
AI Assist
Summary
Facts not originally relevant become relevant when they contradict any fact in issue or when, by themselves or with other facts, they make a fact in issue much more likely or much less likely. Such facts may be admitted as evidence to prove or disprove the matter in issue. This covers things like alibis, proof someone was elsewhere, or evidence excluding other suspects.
Example
Priya is accused of stealing a bike in Pune on June 5. Her train ticket and station CCTV show she was traveling to Kolkata that day, so it is highly improbable she committed the theft. Those travel records become relevant evidence to disprove the charge.
Bare Act
Enacted textFacts 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 none else and that it was not committed by either B, C or D is relevant.
Previous year papers
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