BACK TO BSA 2023(2003) 5 SCC 746
BSA 2023ACTIVE FRAMEWORKChapter II
Section 9
Facts Necessary to Explain or Introduce Relevant Facts
Of the Relevancy of Facts
Quick Legal SummaryIEA IEA S.9
Statutory Snapshot
THE STATUTE
Original Text
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.
Legal Commentary
BSA Section 9 is textually identical to IEA Section 9. The entire body of case law on Section 9 IEA — including TI parade jurisprudence, alibi admissibility, and contextual evidence doctrine — applies directly under BSA Section 9.
The only practical change in the BSA's relevancy framework that touches Section 9 is the expanded 'document' definition in Section 2 — digital contextual evidence (location data, server logs showing presence at a location, access logs fixing time) is more clearly admissible under BSA Section 9 read with Section 2 than it was under IEA.
Legislative Intent & Background
Preserved unchanged from IEA Section 9.Critical Provisions & Changes
BSA Section 9 is textually identical to IEA Section 9.
Digital contextual evidence (location data, access logs) more clearly falls within Section 9 due to expanded 'document' definition in BSA Section 2.
Landmark Judicial Precedents
Malkhansingh v. State of M.P. (2003)
Leading case on TI parade evidence under IEA Section 9 — applies with equal force under BSA Section 9.
Practical Scenarios & Illustrations
Same as IEA Section 9 examples — BSA applies from July 1, 2024 onwards for offences committed after that date.
Questions & Answers
No — BSA Section 9 is identical to IEA Section 9. TI parade evidence remains relevant as identity-establishing evidence under the same legal principle. All case law on TI parades under IEA Section 9 applies under BSA Section 9.
BSA Section 9 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 (Facts Necessary to Explain or Introduce Relevant Facts) directly governs how courts evaluate and admit evidence in civil and criminal proceedings. BSA Section 9 is textually identical to IEA Section 9. The entire body of case law on Section 9 IEA — including TI parade jurisprudence, alibi admissibility, and contextual evidence doctrine — applies directly under BSA Section 9.
The only practical change in the BSA's relevancy framework that to... Advocates must ensure that evidence sought to be relied upon satisfies the conditions prescribed by this provision, failing which it may be excluded or accorded lesser weight by the court.