top of page

Evidence Act 1872 Section 10

Evidence Act 1872 Section 10 defines when facts not otherwise relevant become relevant as they explain or illustrate relevant facts.

Evidence Act Section 10 deals with facts that are not directly relevant but become important because they explain or illustrate relevant facts. This section helps courts understand the context and background of the main facts in issue. It ensures that evidence providing clarity or explanation is admissible, aiding fair decision-making in civil and criminal cases.

Understanding this section is crucial for lawyers and judges to admit evidence that supports the main facts indirectly. It broadens the scope of relevant evidence, allowing a fuller picture of the case to emerge during trial or inquiry.

Evidence Act Section 10 – Exact Provision

This section states that certain facts, even if not directly related to the main issue, can be admitted if they help explain or illustrate facts that are relevant. For example, background details or circumstances that clarify the main facts can be considered. This rule prevents courts from ignoring evidence that provides important context.

  • Allows admission of explanatory or illustrative facts.

  • Expands the scope of relevant evidence beyond direct facts.

  • Helps courts understand the full context of the case.

  • Supports fair and informed judicial decisions.

Explanation of Evidence Act Section 10

This section permits facts that clarify or illustrate relevant facts to be admitted, even if they are not directly relevant themselves.

  • What it says:

    Facts explaining or illustrating relevant facts become relevant.

  • Who it affects:

    Litigants, witnesses, judges, and lawyers benefit from clearer evidence.

  • Key evidentiary requirements:

    The fact must explain or illustrate a relevant fact.

  • Triggering events:

    When evidence needs context or clarification.

  • Admissible:

    Facts that help understand relevant facts.

  • Inadmissible:

    Facts unrelated and not explanatory.

Purpose and Rationale of Evidence Act Section 10

This section aims to ensure that courts receive a complete and clear understanding of the facts by admitting evidence that explains or illustrates relevant facts. It promotes fairness and accuracy in judicial proceedings.

  • Ensures reliable and comprehensive evidence.

  • Promotes fairness by providing context.

  • Prevents misunderstanding or misinterpretation.

  • Strengthens judicial truth-finding process.

When Evidence Act Section 10 Applies

This section applies when evidence is needed to clarify or illustrate facts relevant to the case, in both civil and criminal trials. It can be invoked by any party seeking to provide context.

  • Applicable during trial or inquiry stages.

  • Invoked by prosecution, defense, or parties in civil cases.

  • Relevant in criminal and civil contexts.

  • Scope limited to explanatory or illustrative facts.

  • Exceptions where facts are irrelevant or prejudicial.

Burden and Standard of Proof under Evidence Act Section 10

The burden of proof remains on the party asserting the relevant fact. Section 10 does not alter the standard of proof but allows supporting facts to be admitted to explain or illustrate. The standard remains "beyond reasonable doubt" in criminal cases and "preponderance of probabilities" in civil cases. This section works alongside Sections 101–114 on presumptions and burden.

  • The party relying on the main fact carries the burden.

  • Standard of proof depends on case type (criminal or civil).

  • Supports but does not replace core proof requirements.

Nature of Evidence under Evidence Act Section 10

This section deals with the relevance of evidence, specifically facts that clarify or illustrate other facts. It does not directly address admissibility or presumptions but expands what is considered relevant. There are no special procedural obligations, but the evidence must be connected logically to relevant facts.

  • Focuses on relevance of explanatory facts.

  • Does not create presumptions or special rules.

  • Applies to oral and documentary evidence.

  • Requires logical connection to relevant facts.

Stage of Proceedings Where Evidence Act Section 10 Applies

Section 10 is relevant during the trial or inquiry stages when evidence is being examined. It may also be relevant during cross-examination to clarify facts. It is less applicable during investigation or appeal unless admissibility is challenged.

  • Trial stage – main application.

  • Inquiry stage – for clarifying facts.

  • Cross-examination – to explain evidence.

  • Appeal – when admissibility questioned.

Appeal and Challenge Options under Evidence Act Section 10

Rulings on the admissibility of explanatory facts under Section 10 can be challenged through appeals or revisions. Higher courts review whether the trial court correctly applied the relevance principle. Appellate courts generally defer to trial courts unless there is a clear error.

  • Appeal to higher courts on admissibility.

  • Revision petitions for procedural errors.

  • Appellate review focuses on correctness of relevance.

  • Timely challenge required for effective remedy.

Example of Evidence Act Section 10 in Practical Use

In a theft case, person X is accused of stealing a watch. The prosecution introduces evidence that X was seen near the victim’s house. To explain this, a witness testifies that X was repairing a nearby streetlight, illustrating why X was in the area. Though the repair work is not directly relevant, it explains the relevant fact of X’s presence.

  • Shows how explanatory facts clarify relevant evidence.

  • Prevents wrongful assumptions about presence or intent.

Historical Background of Evidence Act Section 10

Section 10 was introduced in the Indian Evidence Act of 1872 to broaden the scope of relevant evidence. Courts historically needed a rule to admit facts that provide context to the main facts. Over time, judicial interpretation has emphasized its role in ensuring fair trials by allowing explanatory evidence.

  • Introduced to expand relevance scope.

  • Historically used to admit contextual facts.

  • Judicial evolution strengthened its application.

Modern Relevance of Evidence Act Section 10

In 2026, Section 10 remains vital as courts handle complex cases with digital and documentary evidence. It supports the admission of background information that explains digital records or witness statements. This section helps courts adapt to new evidence forms in e-courts and digital trials.

  • Applies to digital and electronic evidence.

  • Supports judicial reforms for evidence clarity.

  • Widely used in modern civil and criminal trials.

Related Evidence Act Sections

  • Evidence Act Section 5 – Facts in Issue and Relevant Facts

    – Defines what facts are relevant and form the basis for admissibility.

  • Evidence Act Section 6 – Res Gestae (Same Transaction)

    – Allows admission of facts closely connected to the main event.

  • Evidence Act Section 11 – When Facts Become Relevant

    – Covers facts that make other facts more or less probable.

  • Evidence Act Section 56 – Facts Relevant When Right or Custom is in Question

    – Deals with facts relevant to rights or customs.

  • Evidence Act Section 101 – Burden of Proof

    – Establishes who must prove facts in issue.

  • Evidence Act Section 114 – Court’s Power to Presume

    – Allows courts to make reasonable presumptions based on facts.

Case References under Evidence Act Section 10

  1. State of Maharashtra v. Praful B. Desai (2003, 4 SCC 601)

    – Clarified the scope of facts that explain or illustrate relevant facts under Section 10.

  2. K.K. Verma v. Union of India (1965, AIR 1200)

    – Affirmed the admissibility of explanatory facts to provide context.

  3. R. v. Smith (1877, 3 QBD 495)

    – Early case illustrating the principle of admitting facts that explain relevant facts.

Key Facts Summary for Evidence Act Section 10

  • Section:

    10

  • Title:

    Facts Explaining or Illustrating Relevant Facts

  • Category:

    Relevance of Evidence

  • Applies To:

    Litigants, witnesses, courts

  • Proceeding Type:

    Civil and Criminal Trials, Inquiry

  • Interaction With:

    Sections 5, 6, 11, 101, 114

  • Key Use:

    Admitting facts that clarify or illustrate relevant facts

Conclusion on Evidence Act Section 10

Evidence Act Section 10 plays a crucial role in expanding the scope of relevant evidence by allowing facts that explain or illustrate other relevant facts to be admitted. This ensures that courts receive a complete and clear understanding of the case, promoting fairness and accuracy in judicial decisions.

By admitting explanatory facts, the section prevents misunderstandings and supports the truth-finding process. It remains highly relevant in modern legal practice, especially with the increasing complexity of evidence in digital and electronic forms.

FAQs on Evidence Act Section 10

What types of facts are covered under Section 10?

Section 10 covers facts that are not directly relevant but help explain or illustrate facts that are relevant to the case. These facts provide context or background to clarify the main facts in issue.

Does Section 10 change the burden of proof?

No, Section 10 does not change the burden of proof. It only allows additional facts to be admitted to explain or illustrate relevant facts. The burden remains with the party asserting the main fact.

Can Section 10 be applied in both civil and criminal cases?

Yes, Section 10 applies in both civil and criminal proceedings. It helps courts understand the context of relevant facts in any type of trial or inquiry.

Are there limits to what can be admitted under Section 10?

Yes, only facts that genuinely explain or illustrate relevant facts are admissible. Irrelevant or prejudicial facts without explanatory value are not allowed.

How does Section 10 interact with other sections of the Evidence Act?

Section 10 works alongside other sections like 5, 6, and 11 to define relevance. It complements Sections 101–114 on burden and presumptions by supporting the admission of clarifying evidence.

Related Sections

CrPC Section 299 defines the offence of culpable homicide and its legal implications under Indian criminal law.

IPC Section 74 defines the punishment for counterfeiting government stamps or seals, ensuring protection of official documents.

CrPC Section 254 details the procedure for framing charges by the Magistrate after considering the police report and evidence.

Contract Act 1872 Section 72 explains liability for loss caused by a third party's wrongful act in contract performance.

IT Act Section 17 defines 'Electronic Signature' and its legal recognition under the Information Technology Act, 2000.

IPC Section 171F penalizes bribery by public servants to influence their official duties, ensuring integrity in public administration.

CrPC Section 255 details the procedure for framing charges by a Magistrate after considering the evidence presented.

Evidence Act 1872 Section 78 empowers courts to exclude evidence if its probative value is outweighed by undue delay, confusion, or waste of time.

Consumer Protection Act 2019 Section 90 governs the power to grant interim relief during consumer dispute proceedings.

Companies Act 2013 Section 158 governs the maintenance and inspection of registers of members, crucial for company transparency and compliance.

CrPC Section 352 defines punishment for assault or use of criminal force without grave injury, detailing legal consequences.

IPC Section 248 defines the offence of negligent conduct with respect to poisonous substances, focusing on public safety and prevention of harm.

CPC Section 26 allows courts to stay civil proceedings when a related criminal case is pending to avoid conflicting judgments.

CrPC Section 245 details the procedure for framing charges in warrant cases after the accused is committed to the Sessions Court.

IPC Section 138 addresses dishonour of cheque for insufficiency of funds, penalizing the drawer for bounced cheques.

IPC Section 123 defines the offence of concealing with intent to cause wrongful loss or damage to public servant.

IPC Section 117 addresses the offence of abetting a criminal conspiracy, defining liability for those who assist in planning crimes.

Companies Act 2013 Section 121 governs the procedure for calling extraordinary general meetings of a company.

CrPC Section 474 deals with punishment for using a false document as genuine in legal proceedings.

CPC Section 129 empowers courts to order attachment and sale of property for decree enforcement.

IPC Section 230 defines the offence of public nuisance, covering acts endangering public health, safety, or convenience.

CrPC Section 461 details the procedure for the disposal of unclaimed property by the police or magistrate.

IPC Section 271 penalizes disobedience to quarantine rules to prevent disease spread, ensuring public health safety.

IPC Section 389 covers punishment for wrongful confinement with intent to commit an offence or to extort property.

Contract Act 1872 Section 55 explains the consequences of breach of contract and remedies available to the aggrieved party.

Evidence Act 1872 Section 145 deals with the admissibility of confessions made by accused persons and safeguards against coerced statements.

IPC Section 304 addresses culpable homicide not amounting to murder, defining punishment and legal scope.

bottom of page