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A person accused of assault in Mumbai offers a Delhi hospital admission record showing the person was…

Section 9 makes an otherwise irrelevant fact relevant if it is inconsistent with a fact in issue or relevant fact, or makes its existence or non-existence highly probable or…

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A person accused of assault in Mumbai offers a Delhi hospital admission record showing the person was in Delhi on the same date and at the same time. Assume the record can be authenticated. Which ground explains why the accused's presence in Delhi is relevant under the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer B

Section 9 makes an otherwise irrelevant fact relevant if it is inconsistent with a fact in issue or relevant fact, or makes its existence or non-existence highly probable or improbable.

Presence at a distant hospital at the same time is inconsistent with the prosecution's allegation of physical presence in Mumbai.

The reason for relevance is distinct from authentication and the ultimate weight of the hospital record.

Option feedback

Option A

The hospital record is offered to show a different location, rather than behavior affected by the assault.

Option B

Presence elsewhere at the time supports an alibi under section 9.

Option C

The treatment in Delhi is a separate event offered to disprove presence at the Mumbai assault.

Option D

The hospital admission is a record of entering a hospital, and no police confession or discovery is alleged.

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