Rajasthan Judiciary Pre 2015

Which of the following statements, as per provisions of the Indian Evidence Act, 1872, is not correct?

Verified Answer
A. Facts which are inconsistent with any fact in issue, shall not be relevant
B. Facts not otherwise relevant are relevant 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
C. Any fact is relevant, which shows or constitutes a motive or preparation for any fact in issue or relevant fact
D. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of the Indian Evidence Act, 1872

Explanation:

Statement (1) is incorrect. Facts which are inconsistent with any fact in issue (e.g., an alibi) are highly relevant under Section 11 of the Indian Evidence Act, 1872. Statements (2), (3), and (4) are correct as per Sections 11, 8, and 31 respectively of the Act.