Powerful Guide: When Facts Not Otherwise Relevant Become Relevant – Section 9 BSA 2023 | Relevancy of Facts Explained

Introduction

“When facts not otherwise relevant become relevant – Section 9 BSA 2023 is a crucial rule in Indian evidence law that helps admit facts not directly in issue but connected in context, identity, or circumstance under the Bharatiya Sakshya Adhiniyam, 2023.”

In legal proceedings, evidence is admitted only if it is relevant to the matter in issue. However, law recognizes that certain facts, although not directly connected to the issue, can become important when they are linked contextually, circumstantially, or logically to a fact in issue or another relevant fact.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023), India’s reformed law of evidence, enshrines this principle under Section 9 of Chapter 2. It allows for the admissibility of facts not otherwise relevant in limited circumstances that assist in establishing, clarifying, or contextualizing the main fact.

This doctrine strengthens the evidentiary structure by permitting collateral facts that shed light on identity, motive, time, place, and related aspects of a case.

---

What is Meant by “When Facts Not Otherwise Relevant Become Relevant”?

When facts not otherwise relevant become relevant – Section 9 BSA 2023 means that a fact, although not connected directly to a dispute, may still be considered relevant due to its contextual, circumstantial, or inferential value. This idea widens the scope of relevancy of facts and supports judicial reasoning by giving a complete picture of the circumstances.

Text of Section 9 – BSA 2023

Section 9: Facts not otherwise relevant are relevant—

If they are necessary to explain or introduce a fact in issue or relevant fact, or support or rebut an inference suggested by a fact in issue or relevant fact, or establish the identity of anything or person, or fix the time or place at which any fact in issue or relevant fact happened, or show the relation of parties by whom any such fact was transacted.

This section lays down five categories under which otherwise irrelevant facts become legally relevant. Let’s examine each in detail.

---

Understanding “Facts Not Otherwise Relevant”

➤ What are “Facts Not Otherwise Relevant”?

These are facts that are not directly related to the dispute or not part of the fact in issue, but when viewed in connection with other relevant facts, they become significant for:

• Understanding the context
• Establishing identity or presence
• Supporting or disproving inferences
• Explaining relationships between parties
• Establishing timeline or location

They act as supportive facts that complement the principal evidence, often forming the background or framework of a legal narrative.

---

Point-Wise Detailed Explanation of Section 9 – BSA 2023

---

1. Facts Necessary to Explain or Introduce a Fact in Issue or Relevant Fact

Meaning:

This clause allows inclusion of a fact that may not be relevant on its own but becomes relevant because it helps explain, set up, or introduce a fact that is already relevant.

Key Characteristics:

• Clarifies circumstances
• Provides background
• Complements a principal fact

🧾 Example:

In a murder trial, a dying declaration (which is relevant) is recorded by a magistrate. The fact that the magistrate first verified the mental fitness of the declarant—although not a part of the murder—is relevant to explain the process of recording the dying declaration.

🏛️ Legal Importance:

Helps the judge/jury understand the relevance, credibility, and context of facts already in evidence.

---

2. Facts Supporting or Rebutting Inferences from Facts in Issue or Relevant Facts

Meaning:

If a fact in issue leads to a possible inference, then facts that either:

• Support that inference, or
• Contradict (rebut) that inference

become relevant.

🧾 Example:

Suppose fingerprints of the accused are found on a weapon used in a murder. This may lead to the inference that the accused used the weapon. However, if the accused proves that he sold the weapon a month ago and no longer had possession, that fact rebuts the inference and becomes relevant under this clause.

🏛️ Legal Importance:

Enables the court to test the strength or weakness of assumptions or implications arising from existing facts.

---

3. Facts That Establish the Identity of a Person or Thing

Meaning:

If a case involves uncertainty or dispute about the identity of a person or object, any fact that helps confirm identity becomes relevant—even if it is not directly related to the issue.

🧾 Example:

In a robbery, the thief left behind a mask. A shopkeeper identifies it as a custom-made product sold only to the accused. This establishes identity of the mask (thing) and connects it to the accused (person).

Another example: A tattoo, scar, or biometric evidence confirming the accused’s presence.

🏛️ Legal Importance:

Ensures that the right person or object is linked to the event or crime.

---

4. Facts That Fix Time or Place of Any Fact in Issue or Relevant Fact

Meaning:

Facts that help determine the time or location at which a relevant act occurred are admissible, even if they are not independently relevant.

🧾 Example:

In a case of assault, if the accused’s mobile location shows him in the vicinity at the time of crime, this fact is not directly the crime itself, but it is relevant to establish his presence at the place and time.

Similarly, CCTV footage timestamps, entry logs, or parking receipts can become relevant under this clause.

🏛️ Legal Importance:

Helps court to reconstruct the sequence and geography of events—which is essential in criminal cases.

---

5. Facts Showing the Relationship of Parties

Meaning:

Even though the relationship between parties may not be a matter directly in issue, it becomes relevant to explain the motive, dynamics, or circumstances of a transaction or incident.

🧾 Example:

In a property dispute, if two parties claim ownership of the same house, their prior relationship as siblings is relevant to understand possession and usage history.

In sexual harassment cases, prior workplace relationships or messages may become relevant to show proximity, power dynamics, or behavior patterns.

🏛️ Legal Importance:

Clarifies interpersonal dynamics which may influence actions and intentions.

---

Why Section 9 BSA 2023 is Crucial

Section 9 BSA 2023 reinforces the idea that evidence law in India must reflect real-life complexity. Not all relevant facts are obvious — many emerge as relevant only through their relation to other facts. Therefore, when facts not otherwise relevant become relevant, the court obtains a more holistic view of the situation.

Practical Application in Legal Proceedings

Section 9 is used in:

• Criminal trials (identity, alibi, motive)
• Civil disputes (ownership history, conduct)
• Family cases (relationship dynamics)
• Consumer and tort law (usage patterns, causation)

It enables courts to admit contextual evidence that may be excluded under a rigid rule of relevancy.

---

📂 Case Laws Interpreting Section 9

---

🧑‍⚖️ R v. Richardson (1971)

• Fact: A video clip captured a person resembling the accused committing burglary.
• Held: Since the clip helped establish identity, it was admissible under Section 9.

---

🧑‍⚖️ Queen-Empress v. Abdullah (1885)

• Fact: The accused attempted to escape after the incident.
• Held: The escape, while not the crime itself, was relevant to establish consciousness of guilt.

---

🧑‍⚖️ State of Maharashtra v. Kamal Ahmed Mohammed Vakil Ansari (2002)

• Fact: Call records of the accused showing location at the time of bombing.
• Held: These facts helped fix time and place, and were admissible under this provision.

---

These cases prove that when facts not otherwise relevant become relevant, they often become turning points in litigation.

⚖️ Comparison with Other Relevancy Sections

Section	Focus	Example
Section 5	Same transaction	Events occurring simultaneously
Section 6	Occasion/cause	Fire breaking out due to a spark
Section 7	Motive or preparation	Buying poison before murder
Section 9	Identity, explanation, time/place	Location data, background facts

Conclusion

The principle of when facts not otherwise relevant become relevant – Section 9 BSA 2023 is central to the relevancy of facts under Indian evidence law. It ensures that the court isn’t blind to critical yet indirect facts. By allowing facts that explain, establish identity, time, or relationships, Bharatiya Sakshya Adhiniyam 2023 delivers more than technical justice — it brings contextual clarity to complex legal disputes.

Every law student should understand how Section 9 BSA 2023 transforms seemingly minor facts into legally impactful evidence. This is the true value of evidence law in India — finding truth not just in direct proof but in context, identity, and connection.

Important Points for Students

To write a great exam answer on when facts not otherwise relevant become relevant – Section 9 BSA 2023:

• Start with the definition and quote the section.
• Use examples and case laws.
• Structure it into 5 points as per the section.
• End with a strong conclusion on its practical impact.

---