Section 9: Facts Introducing Facts in Issue

Overview

Section 9 of the Bhartiya Sakshya Bill, 2023, deals with what kinds of facts are considered ‘relevant’ in court. Essentially, it says that facts are relevant if they help prove or explain a key fact that’s being disputed in the case – what lawyers call a ‘fact in issue’. It’s about connecting the dots to show the bigger picture to the judge.

Key Principles / Ingredients

• Type of Evidence: This section applies to all types of evidence – what witnesses say (oral evidence), documents, electronic records (like emails or messages), and even things that the court might assume to be true (presumptions).
• Conditions for Relevancy: A fact is relevant if it either introduces a fact in issue, or if it explains how or why that fact in issue happened. It doesn’t have to directly prove the main fact; it just needs to make it more or less likely to be true.
• Burden of Proof Implications: While Section 9 doesn’t directly shift the burden of proof, relevant facts presented under this section can help a party meet their burden. For example, if someone claims they acted in self-defense (a fact in issue), facts showing a prior threat against them become relevant and help *establish* that self-defense claim.

How Courts Use this Provision

Judges use Section 9 to decide what evidence can be presented to the court. If a lawyer tries to introduce a fact that doesn’t relate to a fact in issue, the judge can rule it ‘irrelevant’ and prevent it from being shown to the jury or considered in the decision. The judge acts as a gatekeeper, ensuring only helpful information is presented.

Illustrations and Examples

• Example 1: In a theft case, the fact in issue is whether the accused stole a mobile phone. Evidence that the accused was seen near the victim’s house shortly before the theft is relevant because it introduces a fact connected to the theft.
• Example 2: In a car accident case, the fact in issue is whether the driver was negligent. Evidence showing the driver had recently argued with a passenger, causing them to be distracted, is relevant. It doesn’t *prove* negligence, but it explains a possible reason for the accident.

Important Provisos / Explanations

The Bhartiya Sakshya Bill, 2023, doesn’t have specific provisos or explanations attached to Section 9. The interpretation relies on the general principles of relevancy and the court’s discretion to determine if a fact truly assists in proving or explaining a fact in issue.

Difference from Old Evidence Act (if applicable)

The core principle remains largely the same as in the Indian Evidence Act, 1872. However, the 2023 Bill aims for clearer language and a more streamlined approach to evidence admissibility. The emphasis on electronic records and presumptions is more pronounced in the new Bill, impacting how Section 9 is applied in modern cases.

Key Takeaways

• Section 9 focuses on the connection between facts.
• A fact is relevant if it introduces or explains a fact in issue.
• All types of evidence can be relevant under this section.
• Judges decide what’s relevant, preventing irrelevant information.