Section 11 of Indian Evidence Act - When facts not otherwise relevant become relevant

11. When facts not otherwise relevant become relevant.—Facts not otherwise relevant are relevant—

(1) if they are inconsistent with any fact in issue or relevant fact;

(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.

Illustrations

(a) The question is whether A committed a crime at Calcutta on a certain day. The fact that, on that day, A was at Lahore is relevant.

The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.

(b) The question is, whether A committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant.

► Plea of alibi — Nature of.—Word alibi means “elsewhere”. Plea of alibi is not one of the General Exceptions contained in Chapter IV IPC. It is rule of evidence recognised under Section 11, Evidence Act. However, plea of alibi taken by defence is required to be proved only after prosecution has proved its case against accused, Darshan Singh v. State of Punjab, (2016) 3 SCC 37. ► Standard of proof.—A plea of alibi must be proved with absolute certainty so as to completely exclude the possibility of the presence of the person concerned at the place of occurrence, State of Maharashtra v. Narsingrao Gangaram Pimple, (1984) 1 SCC 446 : 1984 SCC (Cri) 109. It is well settled that a plea of alibi has to be proved to the satisfaction of the court, Soma Bhai v. State of Gujarat, (1975) 4 SCC 257 : 1975 SCC (Cri) 515.