Indian Evidence Act Section 11: When facts not otherwise relevant become relevant

Facts not otherwise relevant are relevant—

1. if they are inconsistent with any fact in issue or relevant fact;
2. if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Illustrations

1. The question is whether A committed a crime at Calcutta on a certain day.
   The fact that, on that day, A was at Lahore is relevant.
   The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.
2. The question is, whether A committed a crime.
   The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by none else and that it was not committed by either B, C or D is relevant.

Simplified Explanation

Section 11 of the Indian Evidence Act, 1872 deals with situations where facts that are not typically relevant become relevant in specific circumstances. This section provides for the admissibility of facts that, although generally irrelevant, can become relevant if they either make the existence or non-existence of a fact in issue or relevant fact highly probable or improbable.

Text of Section 11:

“Facts not otherwise relevant are relevant—

1. if they are inconsistent with any fact in issue or relevant fact;
2. if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.”

Explanation:

1. Inconsistency with Facts in Issue or Relevant Facts:
   • If a fact is inconsistent with a fact in issue or a relevant fact, it becomes relevant. This is because it directly challenges or contradicts the facts that are being considered in the case, potentially disproving the fact in issue or relevant fact.
2. Making Facts in Issue or Relevant Facts Highly Probable or Improbable:
   • A fact that makes the existence or non-existence of a fact in issue or a relevant fact more likely or less likely can also become relevant. This includes facts that, when considered alone or together with other evidence, can significantly influence the likelihood of the fact in issue being true or false.

Example:

Imagine a case where a person, A, is accused of murdering B.

• Fact in Issue: Whether A murdered B.
• Generally Irrelevant Fact: A’s presence at a location far from the crime scene at the time of the murder.
• Becomes Relevant under Section 11:
  1. Inconsistency: Suppose A was seen by a reliable witness in another city at the exact time the murder took place. This fact, which would normally be irrelevant to the murder case, becomes relevant because it is inconsistent with the allegation that A was at the scene of the crime.
  2. Making the Fact in Issue Highly Improbable: If A can prove that they were attending a conference in another city, supported by credible evidence such as hotel records or conference attendance lists, this fact would make it highly improbable that A could have committed the murder. Therefore, this fact becomes relevant under Section 11, as it significantly diminishes the likelihood that A was involved in the crime.

Significance:

Section 11 is crucial because it allows the court to consider facts that might not typically be relevant but become important due to their impact on the facts in issue or relevant facts. This section ensures that the court can take into account a broader range of evidence that could potentially exonerate an innocent person or confirm the guilt of the accused. It allows for the admission of evidence that can either challenge the prosecution’s case or bolster the defense by showing that the alleged facts are highly improbable or inconsistent with the actual events.