Introduction:
Plea of alibi provides individuals accused of a crime an opportunity to challenge their presence at the alleged scene. In this article, we will examine the relevant sections of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to study about the plea of alibi.
Essentials of the Alibi in Evidence Act:
1. Commission of Crime and Charges:
- A crime must have been committed that is punishable by law.
- The accused must be officially charged with committing the crime.
2. Absence from Crime Scene:
- The accused must prove that they were not present at the crime scene when the offense occurred.
- It is essential to demonstrate that the accused was at a different location, making it impossible for them to be present at the scene of the crime.
3. Timely Assertion of Defense:
- The defense of the plea of alibi must be raised as early as possible in the legal proceedings, it should ordinarily be raised in the initial stage of defence proceedings.
Who Can Use the Plea of Alibi?
The plea of alibi is typically employed by the accused in a criminal case. The accused asserts that they were physically present at a different location at the time of the alleged offense, challenging the prosecution's claim regarding their involvement.
When to Raise the Plea of Alibi in Evidence Act?
For the plea of alibi to be effective, it should be raised as early as possible in legal proceedings. This often occurs during critical stages such as the framing of charges or the preliminary hearing. Timely assertion allows for a comprehensive examination of the defense and its supporting evidence.
Failure to Establish the Plea of Alibi:
If the accused fails to establish the plea of alibi, it does not automatically imply their presence at the crime scene. The burden remains on the prosecution to provide positive evidence proving the accused's presence at the scene of the crime. Failure to establish the alibi, therefore, should not be considered evidence of guilt.
Sections of Bharatiya Sakshya Adhiniyam (BSA) Relevant to Plea of Alibi:
The plea of alibi finds recognition under Section 9 and Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
- Section 9 BSA: When Facts Not Otherwise Relevant Become Relevant:
It outlines the relevance of facts that may not otherwise be relevant to the case but become relevant if inconsistent with any fact or relevant fact.
For example, if the accused claims to be in a different city during the alleged crime, this fact becomes relevant as it makes the claims of prosecution inconsistent.
- Section 106 of BSA: Burden of Proof as to Particular Fact:
- It addresses the burden of proof concerning specific facts. If the accused asserts they were in a different location, the burden of proving this fact lies with the person making the claim.
FAQs on Plea of Alibi under Bharatiya Sakshya Adhiniyam, 2023 (BSA):
Q1: What is the plea of alibi, and how does it offer a defense for individuals accused of a crime?
A1: The plea of alibi allows individuals accused of a crime to challenge their presence at the alleged crime scene. It asserts that the accused was physically present at a different location during the time of the alleged offense, providing a defense against prosecution claims.
Q2: What are the essential conditions for establishing the plea of alibi under the Evidence Act?
A2: The essential conditions include:
- A crime punishable by law must have been committed.
- The accused must be officially charged with committing the crime.
- The accused must prove their absence from the crime scene and demonstrate that they were at a different location, making it impossible for them to be present at the scene.
Q3: Who typically employs the plea of alibi in a criminal case?
A3: The plea of alibi is usually employed by the accused in a criminal case. The accused asserts that they were physically present at a different location during the time of the alleged offense, challenging the prosecution's claims.
Q4: What happens if the accused fails to establish the plea of alibi?
A4: If the accused fails to establish the plea of alibi, it does not automatically imply their presence at the crime scene. The burden remains on the prosecution to provide positive evidence proving the accused's presence at the scene of the crime. Failure to establish the alibi should not be considered evidence of guilt.
Q5: Which sections of Bharatiya Sakshya Adhiniyam, 2023 (BSA) are relevant to the plea of alibi?
A5: The plea of alibi finds recognition under Section 9 and Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
- Section 9 BSA: Deals with the relevance of facts inconsistent with any fact or relevant fact.
- Section 106 of BSA: Addresses the burden of proof concerning specific facts, placing the responsibility on the person making the claim.
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Q6: What does Section 106 of BSA specify regarding the burden of proof for the plea of alibi?
A8: Section 106 of BSA addresses the burden of proof for specific facts, stating that if the accused asserts they were in a different location, the burden of proving this fact lies with the person making the claim, that is on the accused.
Plea of alibi under BSA (Bharatiya Sakshya Adhiniyam)
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