Section 11 of the Indian Evidence Act tells,facts which are not otherwise relevant becomes relevant.This can only be possible when-
- facts are inconsistent with any fact in issue or relevant fact.
- facts either by themselves or when they get in connection with some other facts they make the existence or non existence of any fact in issue or relevant fact highly probable or improbable.
Section 11 is based on the principle that the main purpose of the trial is to prove or disprove the facts of the case ,by evidence of a particular claim or charge and any fact which either disproves or tends to disprove that claim or charge will be considered to be relevant.
FACTS INCONSISTENT WITH FACT IN ISSUE OR RELEVANT FACTS :-The fact is said to be inconsistent with the other fact when it cannot co-exist with the other.Generally there are five classes of cases under this-
- Alibi
- Non access of husband to show illegitimacy of a child
- Survival of alleged deceased
- Crime committed by third person
- Self infliction of harm
PLEA OF ALIBI :- Section 11 is also known as ‘Plea of Alibi’.Alibi is a latin word which means ‘elsewhere’.In simple words it can be understood as, plea of alibi means physical impossibility of the presence of a accused at the crime scene because of his presence at some another place.This plea by the accused can only be successful when he proves that he was not present at that particular place of the offence at that particular time. The plea of alibi is usually taken by the accused to make the relevant fact under section 11.Plea is of the absence of a person charged from the place of occurrence of offence at that time.
