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 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.
Illustrations
- The question is, whether a given document is the will of A.
The state of A’s property and of his family at the date of the alleged will may be relevant facts. - A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libelous is true.
The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue.
The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant though the fact that there was a dispute may be relevant if it affected the relations between A and B. - A is accused of a crime.
The fact that, soon after the commission of the crime, A absconded from his house, is relevant, under section 8 as conduct subsequent to and affected by facts in issue.
The fact that at the time when he left home he had sudden and urgent business at the place to which he went is relevant, as tending to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. - A sues B for inducing C to break a contract of service made by him with A.C., on leaving A’s service, says to A- I am leaving you because B has made me a better offer. This statement is a relevant fact as explanatory of C’s conduct, which is relevant as a fact in issue.
- A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A’s wife. B says as he delivers it- A says you are to hide this. B’s statement is relevant as explanatory of a fact which is part of the transaction.
- A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.
Simplified Explanation
Section 9 of the Indian Evidence Act, 1872 deals with the relevancy of facts that are necessary to explain or introduce relevant facts. This section allows for the inclusion of evidence that may not be directly related to the fact in issue but is essential for understanding or connecting other relevant facts.
Text of Section 9:
“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 anything 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.”
Explanation:
- Introduction or Explanation: This includes any fact that helps to explain a relevant fact or introduces it in a way that makes the fact understandable. For instance, background information that connects a fact in issue with the events leading up to it would fall under this section.
- Support or Rebuttal: Facts that support or contradict an inference drawn from a relevant fact are also considered relevant. This allows for the admission of evidence that strengthens or weakens the conclusions that may be drawn from the facts in issue.
- Establishing Identity: If the identity of a person or object is relevant to the case, any fact that helps establish that identity is relevant. This could include evidence like identification parades, photographs, or documents.
- Fixing Time or Place: Facts that help to determine when or where a relevant fact occurred are also relevant. For example, evidence that places a suspect at the scene of a crime at a specific time would be relevant under this section.
- Showing Relationships: If the relationship between the parties involved in a fact in issue is relevant, any fact that clarifies or shows that relationship is admissible.
Example:
Imagine a case where a person, A, is accused of breaking into B’s house and stealing valuable jewelry.
- Introduction or Explanation: Suppose a neighbor saw a suspicious person near B’s house just before the break-in. This fact is not directly a fact in issue, but it helps introduce or explain the subsequent fact in issue—the burglary.
- Support or Rebuttal: If A claims they were elsewhere at the time of the burglary, evidence showing that A’s car was seen near B’s house at the time of the crime would be relevant to rebut A’s alibi.
- Establishing Identity: If a piece of jewelry stolen from B’s house is found in A’s possession, the identification of that jewelry as belonging to B would be a relevant fact under Section 9.
- Fixing Time or Place: Evidence like a CCTV recording showing A near B’s house at the exact time the crime was committed would help fix the time and place of the crime, making it relevant.
- Showing Relationships: If A and B had previously had a dispute, showing this relationship could be relevant to establish a possible motive for the crime.
Significance:
Section 9 is crucial because it allows the court to admit evidence that is necessary for making the relevant facts understandable, coherent, and connected. Without such supporting facts, the narrative of the case might be incomplete or unclear. This section ensures that the court can consider a broader range of evidence to fully understand the circumstances surrounding the facts in issue.
