Facts might seem irrelevant at first glance but can become very important if they contradict other important facts or make certain events more likely or unlikely.This is what Section 9 of The Bharatiya Sakshya Adhiniyam,2023 (BSA) talks about.(Earlier under Section 11 of Indian Evidence Act,1872)
Section 9 of The Bharatiya Sakshya Adhiniyam,2023 (BSA) tells,facts which are not otherwise relevant becomes relevant.This can only be possible when –
- facts are inconsistent with any fact in issue or relevant fact.
- facts either by themselves or when they get in connection with some other facts they make the existence or non existence of any fact in issue or relevant fact highly probable or improbable.
Section 9 of The Bharatiya Sakshya Adhiniyam,2023 (BSA) is based on the principle that the main purpose of the trial is to prove or disprove the facts of the case ,by providing evidence of a particular claim or charge and any fact which either disproves or tends to disprove that claim or charge will be considered to be relevant under this section.
Facts inconsistent with fact in issue or relevant facts
The fact is said to be inconsistent with the other fact when it cannot co-exist with the other facts .There are five classes of cases under this-
- Alibi
- Non access of husband with his wife to show illegitimacy of a child
- Survival of alleged deceased
- Crime committed by third person
- Self infliction of harm
What is Plea of Alibi?
Section 9 of The Bharatiya Sakshya Adhiniyam,2023 (BSA) is also known as ‘Plea of Alibi’.Alibi is a latin word which means ‘elsewhere’.In other words it can be understood as, Plea of Alibi means physical impossibility of the presence of a accused at the crime scene because of his presence at some another place.This plea by the accused can only be successful when he proves that he was not present at that particular place of the crime at that particular time. The Plea of Alibi is usually taken by the accused to make the relevant fact under Section 9 of The Bharatiya Sakshya Adhiniyam,2023 (BSA) .Plea is of the absence of a person charged from the place of occurrence of offense at that time.
Plea of Alibi is a defense used by the person to prove that he was somewhere else when the crime was happening . It’s somewhat like saying, “I was nowhere near the particular crime scene, so I couldn’t have done it at all!”The Plea of Alibi is established by the accused.This section is also known as the Residuary section.
Key Components of Plea of Alibi
- They were somewhere else and nowhere near to the crime scene,when the crime happened.
- It was highly impossible they could have committed the crime from where they were.
- They have evidence to prove their absence from the crime scene.
Exceptions to Plea of Alibi
The Plea of Alibi is of no importance if :-
- The accused can’t prove they were nowhere near the crime scene and somewhere else.
- There might be a possibility , they could have committed the crime from where they were.
Examples
- If someone is accused of committing an offense in Mumbai, but they were actually in Delhi at the time of crime, that’s a strong alibi!
- If an offense could have been committed by one of 5 people, and evidence shows it couldn’t have been 4 of them, that makes it more likely the 5th person did the crime.
Why is this Important?
The Plea of Alibi under Section 9 of The Bharatiya Sakshya Adhiniyam,2023 (BSA) plays an important role because it helps to ensure that the accused is not wrongfully convicted for the crime.It gives them a chance to prove their innocence by showing they were not present at the crime scene when the offense happened and were somewhere else.
The Plea of Alibi under Section 9 of The Bharatiya Sakshya Adhiniyam,2023 (BSA) is a very powerful defense that can change the course of a case completely. By understanding how it works, we can ensure justice is served fairly and the accused gets a proper chance to prove their innocence.
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