VidhiSangh

Indian Evidence Act, 1872

Section 11: When facts not otherwise relevant become relevant

Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.

Part I — Relevancy of Facts

11. 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.

Source: official text of the Indian Evidence Act, 1872.