Section 9 of the Indian Evidence Act: Facts Necessary to Explain or Introduce Relevant Facts
Section 9 of the Indian Evidence Act, 1872 addressed facts that give context to a disputed event. Its corresponding provision in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 7, which governs explanatory and introductory facts, identity, time, place, relationships and the testing of inferences.
Section 9: Statutory rule and its current equivalent
Former Section 9, Indian Evidence Act, 1872:
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.
Section 7, Bharatiya Sakshya Adhiniyam, 2023: The corresponding current provision addresses facts necessary to explain or introduce a fact in issue or relevant fact, facts supporting or rebutting an inference, establishing identity, fixing time or place, and showing the relationship of parties, but only so far as necessary for those purposes.
What facts become relevant under this rule?
A fact need not be directly disputed to be relevant. It may provide essential context for understanding another fact that is in issue or otherwise relevant. The statutory rule covers several functions:
- Introduction and explanation: Background circumstances that make an event or document intelligible.
- Supporting or rebutting an inference: Circumstances explaining conduct that might otherwise appear suspicious.
- Identity: Facts identifying a person or thing when identity matters to the dispute.
- Time and place: Facts establishing when or where a relevant event occurred.
- Relationships: Facts showing the relationship between persons involved in the transaction.
The limiting words "in so far as they are necessary" matter: remote, excessive or unrelated background details do not automatically become relevant. Relevance under this section also does not dispense with other evidentiary or procedural requirements.
How is this different from conduct or the same transaction?
Former Section 8 (BSA Section 6) addresses motive, preparation and conduct. Former Section 6 (BSA Section 4) addresses facts forming part of the same transaction. Former Section 9 (BSA Section 7) instead supplies facts needed to explain, introduce or contextualise a fact already relevant to the dispute.
All six illustrations to former Section 9
The following examples preserve the substance of the six illustrations in the original provision, with updated explanatory wording.
- Illustration (a): Will and family circumstances
The question is whether a document is A's will. The state of A's property and family when the alleged will was made may be relevant.
- Illustration (b): Libel and relationship of parties
A sues B for libel and B claims the allegation is true. The parties' positions and relationship at publication may introduce the issue. An unrelated dispute's particulars are irrelevant, although the existence of a dispute may matter if it affected their relationship.
- Illustration (c): Absconding and an innocent explanation
A is accused of a crime and leaves home shortly afterward. His departure may be relevant as subsequent conduct under former Section 8 (now BSA Section 6). An urgent business reason for leaving may explain it; unnecessary details of that business are not relevant.
- Illustration (d): Explanation of leaving employment
A sues B for inducing C to break a service contract. On leaving, C tells A that B offered better terms. The statement is relevant to explain C's conduct.
- Illustration (e): Statement accompanying delivery of property
A, accused of theft, hands stolen property to B, who hands it to A's wife while saying, "A says you are to hide this." The accompanying words may explain the delivery forming part of the transaction.
- Illustration (f): Cries of a mob
A is tried for riot and is shown to have marched at the head of a mob. The mob's cries may explain the nature of the transaction.
The statutory illustrations are historical examples. References to older provisions in the examples should be read in the context of the legislation governing the particular proceeding.
Effect of the Bharatiya Sakshya Adhiniyam from 1 July 2024
The BSA is the principal central evidence statute for proceedings to which it applies from its commencement. Section 170 repeals the Indian Evidence Act, 1872 and provides savings for specified applications, trials, inquiries, investigations, proceedings or appeals pending immediately before commencement. Consequently, the governing statute should be checked against the date and status of the particular proceeding rather than inferred solely from the date of the underlying event.
For the general rule on evidence of facts in issue and relevant facts, see former Section 5 of the Evidence Act, corresponding to BSA Section 3.
Frequently asked questions
What is Section 9 of the Indian Evidence Act?
It made explanatory or introductory facts relevant when needed to clarify facts in issue, identity, time, place, relationships or suggested inferences.
What is the corresponding provision in the Bharatiya Sakshya Adhiniyam?
Section 7 of the Bharatiya Sakshya Adhiniyam, 2023 covers facts necessary to explain or introduce facts in issue or relevant facts.
Does Section 9 make every background fact admissible?
No. The facts are relevant only so far as necessary for the statutory explanatory purposes, and other rules of admissibility still apply.
Does the old Evidence Act apply to pending cases?
Section 170 of the Bharatiya Sakshya Adhiniyam contains savings for specified proceedings pending immediately before commencement; its application depends on the procedural posture of the matter.
Official statutory references
- Bharatiya Sakshya Adhiniyam, 2023 - India Code (consult Sections 3, 4, 6, 7 and 170).
- India Code - official central legislation database (search for the Indian Evidence Act, 1872 and Bharatiya Sakshya Adhiniyam, 2023).
- Ministry of Home Affairs - New Criminal Laws.
This article provides general legal information, not advice for any specific case. Always consult the current statutory text and applicable court rulings.