Section 9 of BSA : Section 9: When facts not otherwise relevant become relevant.

Explanation using Example

Example 1:

Scenario: A theft occurred in a jewelry store in Mumbai on the night of January 15th. The police suspect Mr. Rajesh of committing the theft.

Application of Section 9:

• Fact in Issue: Whether Mr. Rajesh committed the theft.
• Relevant Fact: Mr. Rajesh's location on the night of January 15th.

Illustration:

• Mr. Rajesh claims he was attending a wedding in Delhi on January 15th. The fact that Mr. Rajesh was in Delhi on the night of the theft is relevant because it makes it highly improbable that he could have committed the theft in Mumbai.
• Additionally, if there is evidence showing that Mr. Rajesh was seen at the wedding in Delhi around the time of the theft, this fact becomes relevant as it further supports his alibi and makes it highly improbable that he committed the theft.

Example 2:

Scenario: A murder occurred in a park in Bangalore. The police have narrowed down the suspects to four individuals: Mr. Arun, Mr. Bhavesh, Ms. Charu, and Mr. Deepak.

Application of Section 9:

• Fact in Issue: Whether Mr. Arun committed the murder.
• Relevant Fact: Any fact that shows the murder could not have been committed by Mr. Bhavesh, Ms. Charu, or Mr. Deepak.

Illustration:

• If Mr. Bhavesh was hospitalized at the time of the murder, this fact is relevant because it shows he could not have committed the murder.
• If Ms. Charu was attending a conference in another city and there is video evidence of her presence at the conference, this fact is relevant as it makes it highly improbable that she committed the murder.
• If Mr. Deepak was under police custody for an unrelated matter at the time of the murder, this fact is relevant because it shows he could not have committed the murder.

By eliminating Mr. Bhavesh, Ms. Charu, and Mr. Deepak as suspects through relevant facts, it becomes more probable that Mr. Arun committed the murder, making the facts relevant under Section 9.