9.
Facts necessary to explain or introduce relevant facts. -
Facts necessary to explain or introduce a fact in issue or
relevant fact, or which support or rebut an inference suggested
by a fact in issue or relevant fact, or which establish the
identity of any thing or person whose identity is relevant,
or fix the time or place at which any fact in issue or relevant
fact happened, or which show the relation of parties by whom
any such fact was transacted, are relevant in so far as they
are necessary for that purpose.
Illustrations
(a) The question is, whether a given document is the will
of A.
The state of A's property and of his family at the date of
the alleged will may be relevant facts.
(b) A sues B for a libel imputing disgraceful
conduct to A; B affirms that the matter alleged to be libelous
is true.
The position and relations of the parties
at the time when the libel was published may be relevant facts
as introductory to the facts in issue.
The particulars of a dispute between A and B about a matter
unconnected with the alleged libel are irrelevant though the
fact that there was a dispute may be relevant if it affected
the relations between A and B.
(c) A is accused of a crime.
The fact that, soon after the commission
of the crime, A absconded from his house, is relevant, under
Section 9 as conduct subsequent to and affected by facts in
issue.
The fact that at the time when he left home
he had sudden and urgent business at the place to which he
went is relevant, as tending to explain the fact that he left
home suddenly.
The details of the business on which he
left are not relevant, except in so far as they are necessary
to show that the business was sudden and urgent.
(d) A sues B for inducing C to break a contract
of service made by him with A.C., on leaving A's service,
says to A--"I am leaving you because B has made me a
better offer". This statement is a relevant fact as explanatory
of C's conduct, which is relevant as a fact in issue.
(e) A, accused of theft, is seen to give
the stolen property to B, who is seen to give it to A's wife.
B says as he delivers it--"A says you are to hide this".
B's statement is relevant as explanatory of a fact which is
part of the transaction.
(f) A is tried for a riot and is proved
to have marched at the head of a mob. The cries of the mob
are relevant as explanatory of the nature of the transaction.
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