When facts not otherwise relevant become relevant

Reference: The Indian Evidence Act

Section 11

Facts not otherwise relevant are relevant: (1) If they are inconsistent with any fact is 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.

This Section makes a large number of facts relevant. The author of the Act, James Stephen, wanted to say which facts were relevant in such a way that the relevancy of any particular fact could be easily ascertained. The scope of this Section has, however, been considerably narrowed down by judicial interpretation. (See Reg. v. Prabhudas) And in Khaver Sultan v. Rukha Sultan, 1904, it was held that a collateral fact must itself be established with reasonably conclusive proof and afford a reasonable presumption or inference as to the matter in dispute.