Introduction:
Sec. 9 deals with relevancy of facts which are introductory or explanatory in nature, or supports or rebuts a fact in issue or a relevant fact, or which establishing identity of a person or thing.
There is a kind of evidence which if considered separately and alone from other evidence would not amount to anything, but if it is taken into consideration in connection with some other facts, proved in the case it explains and illustrates them.
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 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
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 your 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.
Conditions for the applicability of Section 9:
Under sec. 9 the following facts are relevant:
- Facts which explain a fact in issue or relevant fact:
There are many pieces of evidence which have no meaning at all if considered separately, but become relevant when consider in connection with some other facts. Such facts explain the fact in issue or relevant fact.
Example: A is tried for a riot and is proved to have marched at the head of the mob. The cries of the mob are relevant as explanatory of the nature of the riot.
Example: 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 your are to hide this.” B’s statement is relevant as explanatory of a fact which is part of the transaction. - Facts which introduce a fact in issue or relevant fact:
Facts which are introductory of a relevant fact, are of great importance in understanding real nature of transaction and being relevant. Therefore, evidence is allowed of facts which are necessary to introduce fact in issue or relevant fact.
Example: In a suit for libel, evidence can be given of the state of parties’ relations at the time of the alleged libel as this may be necessary to introduce the circumstances that led to the libel. If they had any dispute, that too may be cited though not, the details of it. - Facts which support or rebut an inference suggested by a fact in issue or relevant fact
Evidence can be given of facts which support or rebut an inference suggested by a fact in issue or relevant fact.
For example, a person is accused of a crime. The fact of his absconding soon after the commission of the crime is a ‘conduct’, which is relevant because it suggests the inference that he is guilty.
Any fact which either supports this inference or rebuts or contradicts it will also become relevant.
For example, if after absconding, he was arrested in a railway train travelling without ticket or in shabby dress, this will be relevant as fact supporting the inference of his guilt. It will be equally relevant for him to show that he left home because he had urgent and sudden business to attend (the details of such business are not relevant) [Illustration (c)].
Where it was alleged that X murdered Y, after a long chase, the fact that X had undergone a heart surgery operation and was quite weak before alleged murder is a fact which rebut the inference of X’s guilt.
Case Law:
Matru v State of . U.P.
Where the accused was all the time with the complainant till the FIR was lodged, thereafter he felt that he was himself being suspected. He then kept out of the way and evaded arrest. It was held that the evidence of his conduct previous to FIR was relevant to contradict the inference suggested by the subsequent evading. Even an innocent man may feel panicky and try to evade arrest when wrongly suspected of a grave crime. - Facts which establish the identity of anything or person whose identity is relevant,
Where the court has to know the identity of anything or any person, any fact which establishes such identity is relevant. Personal characteristics such as age, height, complexion, voice, handwriting, manner, dress, distinctive marks, blood group, occupation, family relationship, education, travel, religion, knowledge of particular people, places or fact and other details of personal history are relevant facts. Various methods like finger/ thumb-impressions, foot-marks, comparison of writing, ‘identification parade by police are used in this regard.
Conclusion
There are evidences which if considered separately and alone from other evidence would not amount to anything, but if it is taken into consideration in connection with some other facts, proved in the case it explains and illustrates them. Sec. 9 deals with relevancy of facts which are introductory or explanatory in nature, or supports or rebuts a fact in issue or a relevant fact, or which establishing identity of a person or thing
