Plea of Alibi in Evidence Act | Civil Law for Judiciary Exams PDF Download

Understanding the Alibi Defense in the Evidence Act

• The term "alibi" comes from a Latin word meaning "elsewhere" or "somewhere else." In legal terms, the defense of an alibi is when an accused individual claims they were at a different location when a crime took place.
• Essentials of the Alibi in Evidence Act:
  • A crime punishable by law must have been committed.
  • The accused must be charged with committing the crime.
  • The accused needs to prove they were not present at the crime scene during the crime.
  • The accused must show they were at a different location, making it impossible for them to be at the crime scene.
  • The defense of alibi must be raised early in legal proceedings.

Application of the Alibi Defense

Who Can Use the Plea of Alibi?

• The plea of alibi is typically used in criminal cases where the accused asserts they were physically present elsewhere during the alleged offense.

When to Raise the Plea of Alibi in Evidence Act?

• It is crucial to raise the plea of alibi as early as possible in legal proceedings.
• The defense of alibi should ideally be raised during key stages of the case, such as during the framing of charges or at the preliminary hearing.

Failure to Establish the Plea of Alibi

• If the accused is unable to prove an alibi, it does not automatically indicate their presence at the crime scene. The prosecution must still present concrete evidence demonstrating the accused's location at the crime scene.
• Mere failure to establish an alibi does not serve as proof of guilt.

Sections of Evidence Act Relevant to Plea of Alibi

Section 11: When Facts Not Otherwise Relevant Become Relevant

• Section 11 of the Indian Evidence Act, 1872 discusses the relevance of facts that are not otherwise significant. It states that such facts become relevant if they contradict any fact, relevant fact, or if they make the existence or non-existence of any fact in question highly probable or improbable.
• Example: If the issue is whether A committed a crime in Calcutta on a specific day, the fact that A was in Lahore on that day becomes relevant. Moreover, A's presence at a distance from the crime scene, making it highly unlikely (though not impossible) for him to commit the crime, is also considered relevant.

Section 103: Burden of Proof as to Particular Fact

• Section 103 of the Indian Evidence Act, 1872 addresses the burden of proof concerning a specific fact. It specifies that the burden of proof rests on the individual who wants the court to believe in the existence of that fact unless stated otherwise by law.
• Example: If the question is whether A committed a crime in Calcutta on a certain day, the fact that A was in New Delhi on that day is crucial. The responsibility of proving this fact lies with the person making the assertion.

Examples of Plea of Alibi in Evidence Act

• A plea of alibi serves as a defense strategy in various criminal cases.
• For instance, consider a scenario where an individual, like Bill, is accused of a crime, such as selling drugs near a school.
• To establish an alibi, Bill can provide evidence that he was elsewhere during the time of the alleged crime, such as being at work at a construction site.
• Witness testimony plays a crucial role in supporting an alibi defense. In Bill's case, his boss, co-workers, or the property owner can testify to his presence at the construction site during the time in question.
• Additionally, physical evidence like video footage, photographs, or records of card swipes can further corroborate the defendant's claim of being at a specific location at the time of the incident.

Case Laws on Plea of Alibi

• The case of Munshi Prasad v State of Bihar 2001 (SC)
  • The Supreme Court emphasized the importance of the accused being present reasonably close to the scene of the crime to substantiate a plea of alibi, setting a minimum distance of 500 meters.
• The case of Mukesh v. State of N.C.T. of Delhi, AIR 2017 SC 2161
  • In this instance, the accused asserted being at a music event with family during the crime. However, the alibi was dismissed due to conflicting evidence like the victim's dying declaration, DNA, and fingerprints. Additionally, park authorities confirmed no musical event was scheduled that day.
• The case of Lakhan Singh @ Pappu v. The State of NCT of Delhi
  • Here, the court stressed the need to raise an alibi defense promptly, rather than later during the defense phase. The accused's failure to provide an early explanation led to the defense being disregarded.
• The case of Binay Kumar Singh v. The State of Bihar
  • This case clarified that alibi isn't an exception in the Indian Penal Code but a recognized evidentiary rule under Section 11 of the Evidence Act. It highlights that presenting facts contrary to the issue at hand is crucial for the defense.

Conclusion

In conclusion, the plea of alibi stands as a significant defense in criminal cases, offering a means for the accused to establish their innocence. This defense is explicitly recognized under Section 11 of the Indian Evidence Act, 1872, and can be asserted at the early stages of a case. However, the burden of proof rests on the accused to demonstrate their presence elsewhere at the time of the alleged offense, while the prosecution carries the responsibility of proving the accused's guilt beyond a reasonable doubt. The plea of alibi thus plays a crucial role in the legal framework, contributing to the fair and thorough examination of evidence in criminal proceedings.