Chandan is accused of personally committing a murder in Patna at a specified time. He proves that he…
BSA section 9(1) makes a fact relevant through "Inconsistency with the fact in issue": presence in Mumbai making participation in Patna impossible contradicts the alleged…
Choose your answer
Chandan is accused of personally committing a murder in Patna at a specified time. He proves that he was in Mumbai at that time, making his presence in Patna impossible. Which principle in BSA section 9 most directly makes this alibi relevant?
Answer and explanation
Correct answer A
BSA section 9(1) makes a fact relevant through "Inconsistency with the fact in issue": presence in Mumbai making participation in Patna impossible contradicts the alleged presence. "Probability based only on general tendencies, without inconsistency with the alleged presence" does not fit, since section 9(2) separately covers facts making a fact in issue highly probable or improbable, and "Estoppel preventing denial of the accusation" under section 121 does not establish an alibi. "Confirmation by subsequent events through discovery following information from an accused in police custody" concerns the discovery proviso to section 23(2), which permits proof only of information distinctly related to a discovered fact and does not explain this alibi.
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