FACTS NECESSARY TO EXPLAIN OR INTRODUCE RELEVANT FACTS (SECTION 9 )
- Facts which are necessary to explain or introduce fact in issue or relevant fact,
- Facts which support or rebut an inference which are so connected with fact in issue or relevant fact,
- Which helps to identify any person or any thing whose identity is relevant,
- Shows the time or place where any relevant fact or fact in issue occurred,
- Shows the relation of parties by whom any thing or fact was transacted ,
- Facts which are introductory or explanatory in nature and which can be proved if there is a direct bearing on fact in issue.
INTRODUCTORY FACTS :-
Introductory facts means it would be impossible to directly conduct a suit or proceeding without knowing the background of the case.There should be some introductory facts i.e.incidents which a judge needs to know to reach to a main fact and which will provide a great help in supplying the missing links.
EXPLANATORY FACTS :-
There is some evidence or facts which stand on separate footings and are alone from other evidence,but when taken into consideration along with other proven facts,it helps in explaining them and are considered to be relevant under Section 9 of the Act.
- Illustration – ‘A’ is tried for rioting and it is proved to have marched at the head of the mob.In the illustration,the cries of the mob are relevant as it is explaining the nature of the case.Thus,the prosecution can prove the shouting of the mob to explain the nature of the transaction.
TEST IDENTIFICATION PARADE (T.I.P) :-
Under Section 9 of the Indian Evidence Act, the Test Identification Parade is considered to be relevant.Section 54A of the Criminal Procedure Code,tells about the Test Identification Parade of a accused which was added by 2005 amendment.Test Identification Parade under Indian Evidence Act,enables the police officer in charge of the police station to seek courts permission to direct the arrested person to subject himself to identification by any person in such manner which the court deems fit.
Test Identification Parade is not considered to be a substantial piece of evidence and can only be used for corroborative purposes.In conclusion, Section 9 of the Indian Evidence Act is essential for considering the mental state of individuals in legal matters, while Test Identification Parades serve as a practical tool for verifying the identity of suspects. Together, they contribute to the fair administration of justice in India’s legal system.
