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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter II

OF THE RELEVANCY OF FACTS

When facts not otherwise relevant become relevant

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.

 
 

Illustrations

 
 

(a) The question is whether A committed a crime at Chittagong on a certain day.

 
 

The fact that, on that day, A was at 2[Dhaka] 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.

 
 

(b) 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 no one else and that it was not committed by either B, C or D, is relevant.


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Ministry of Law, Justice and Parliamentary Affairs