11.
The answer is: C
Explanation
The correct answer is Option C - When they are inconsistent with a fact in issue or relevant fact.
Under Section 11 of the Indian Evidence Act, 1872, facts that are otherwise irrelevant become relevant when they are inconsistent with any fact in issue or relevant fact, or when they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
WHAT IS SECTION 11 OF THE INDIAN EVIDENCE ACT, 1872?
Section 11 of the Indian Evidence Act, 1872 is titled "When facts not otherwise relevant become relevant."
TWO CIRCUMSTANCES UNDER SECTION 11 - INDIAN EVIDENCE ACT 1872
Circumstance 1 - Inconsistency with Fact in Issue or Relevant Fact
A fact becomes relevant if it is inconsistent with any fact in issue or any relevant fact.
Example: If a person is accused of committing a murder at a particular place and time, the fact that he was present at a different location at that same time is otherwise irrelevant - but it becomes relevant because it is inconsistent with the fact in issue (his presence at the crime scene).
Circumstance 2 - Highly Probable or Improbable Fact
A fact becomes relevant if by itself or in connection with other facts it makes the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
Example: The fact that a person had a strong motive to commit an offence makes the commission of that offence by him highly probable, and therefore becomes relevant under Section 11.
Section 11 - Indian Evidence Act 1872 (Quick Summary Table)
| CIRCUMSTANCE | WHEN IRRELEVANT FACT BECOMES RELEVANT |
|---|---|
| Inconsistency | When the fact is inconsistent with any fact in issue or relevant fact |
| High Probability | When the fact makes existence or non-existence of fact in issue highly probable or improbable |
Why Other Options are Wrong
| OPTION | REASON FOR BEING WRONG |
|---|---|
| A - Proves guilt directly | Irrelevant facts do not become relevant merely because they prove guilt directly - that is covered under other provisions |
| B - Dying declaration | Dying declarations are governed by Section 32 IEA - not the basis for making irrelevant facts relevant under Section 11 |
| D - Admission in writing | Admissions are governed by Sections 17 to 23 IEA - written admissions do not make otherwise irrelevant facts relevant under Section 11 |
KEY LEGAL POINTS - SECTION 11, INDIAN EVIDENCE ACT 1872
- Section 11 IEA deals with "When facts not otherwise relevant become relevant"
- Two grounds under Section 11 - Inconsistency and High Probability or Improbability
- The most classic application of Section 11 is the Alibi Defence - proving presence at another place
- Section 11 is an exception to the general rule of relevancy
- Under Bharatiya Sakshya Adhiniyam (BSA), 2023, the corresponding provision is Section 9
- Section 11 operates independently of other relevancy provisions under the Indian Evidence Act
Alibi and Section 11 IEA - Most Important Example
Alibi is the most commonly tested application of Section 11 IEA in AIBE.
When an accused claims he was present at a different place at the time of the offence, that fact is otherwise irrelevant to the case - but it becomes relevant under Section 11 because it is inconsistent with the fact in issue (his presence at the crime scene).