​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – When Facts Not Otherwise Relevant Become Relevant [Section 9]
1. Meaning of Section 9
​Section 9 deals with facts which are:

• Normally irrelevant,
  BUT
• Become relevant because they:
  • Contradict a fact in issue, or
  • Make existence/non-existence of a fact highly probable or improbable.

2. Facts Become Relevant in Two Situations
Facts not otherwise relevant become relevant:
(1) Inconsistency
When they are:

• Inconsistent with any fact in issue, or
• Inconsistent with relevant facts.

(2) Probability
When they:

• Make existence of fact highly probable,
  OR
• Make non-existence highly probable.

3. Illustration (a)
Question:
Whether A committed a crime at Chennai.
Relevant facts:

• A was at Ladakh on same day.
• A was very far from crime scene.

👉 These facts make A’s involvement highly improbable.

4. Illustration (b)
Question:
Whether A committed a crime.
Circumstances:

• Crime must have been committed by A, B, C or D.

Relevant facts:

• Facts excluding B, C and D,
• Facts showing only A could have committed crime.

👉 Such facts become relevant.

5. Scope of Section 9
Section 9 covers:

• Facts ordinarily irrelevant,
• But made relevant due to:
  • Inconsistency,
  • Probability.

Facts not relevant under:

• Sections 4–8,
• Sections 10–50,
  may still become relevant under Section 9.

6. Principle of Inconsistency
A fact becomes relevant if:

• It cannot coexist with fact in issue.

7. Examples of Inconsistency
✔ AlibiAccused was elsewhere.
✔ Non-access of husbandTo prove illegitimacy.
✔ Survival of alleged deceasedTo disprove murder.
✔ Commission of offence by third person
✔ Self-inflicted injury
To disprove assault.

8. Principle of ProbabilityFacts become relevant if they:

• Increase probability,
  OR
• Decrease probability
  of a fact in issue.

9. Example of Probability
If only one among several persons could have committed crime:

• Facts identifying likely offender are relevant.
• Facts excluding others are relevant.

10. Similar Conduct and Probability
Example:
If accused belongs to group of habitual cheaters:
👉 It may become relevant to show probability of cheating.

11. Plea of Alibi
Meaning:“Alibi” is Latin term meaning:
👉 “Elsewhere”.

12. Nature of Plea of Alibi
Alibi is:

• Not an exception under BNS,
• Only a rule of evidence under Section 9.

13. Purpose of AlibiThe accused claims:

• He was elsewhere at time of occurrence,
• Therefore participation was impossible or highly improbable.

14. Burden of Proof in Alibi
Initial burden:On prosecution:

• To prove guilt beyond reasonable doubt.

After prosecution proves case:Burden shifts to accused:

• To prove alibi with certainty.

15. Standard for Proving AlibiAccused must prove:

• Complete impossibility of presence at crime scene,
  OR
• Such probability that Court entertains reasonable doubt.

16. Principle Under Section 106 BSA
The burden lies on:

• Person having special knowledge of fact.

Since accused alone knows where he was:
👉 Burden lies on accused.

17. Important Case – Binay Kumar Singh v State of Bihar
Held:

• Plea of alibi is rule of evidence under Section 9.
• Not a statutory exception.

18. Important Case – Jitender Kumar v State of Haryana
Held:

• Burden to establish alibi is heavy.
• Must be proved with certainty.

19. Important Case – Vijay Pal v State (NCT of Delhi)
Held:

• Sketchy evidence insufficient.
• Alibi must completely exclude presence at scene.

20. Important Case – Pappu Tiwary v State of Jharkhand
Facts:

• Accused claimed fractured leg prevented participation.

Held:

• Mere oral evidence insufficient.
• Burden not discharged.

21. Important Case – Kamal Prasad v State of Madhya Pradesh
Supreme Court summarized principles:
(i) Alibi is Rule of EvidenceNot exception under criminal law.
(ii) Burden on AccusedMust produce cogent evidence.
(iii) Strict ScrutinyEvidence must conclusively exclude presence.

22. Important Principle
Court balances:

• Prosecution evidence,
  WITH
• Defence evidence of alibi.

If reasonable doubt arises:
👉 Benefit goes to accused.

23. Nature of Evidence Required
Strong evidence required:

• Documents,
• Witnesses,
• Travel proof,
• Medical records,
• CCTV,
  etc.

Mere oral assertions may not suffice.

24. Key Features of Section 9
✔ Covers otherwise irrelevant facts
✔ Based on inconsistency and probability
✔ Important in criminal trials
✔ Includes plea of alibi
✔ Helps Court discover truth indirectly

25. Important Principles
✔ Facts inconsistent with fact in issue are relevant
✔ Facts making existence/non-existence probable are relevant
✔ Alibi means presence elsewhere
✔ Burden to prove alibi is heavy
✔ Alibi must exclude possibility of presence

26. Quick Revision Points

• Section 9 = otherwise irrelevant facts become relevant.
• Two principles:
  • Inconsistency,
  • Probability.
• Alibi is important application.
• Alibi is rule of evidence, not exception.
• Burden to prove alibi lies on accused.
• Proof must be strict and convincing.