Plea of Alibi in Evidence Act

The term “alibi” originates from the Latin word meaning “elsewhere” or “somewhere else.” In the Evidence Act, the defence of a plea of alibi is employed by an accused individual to refute their alleged involvement in a crime.

The accused claims that they were present at a different location when the crime was committed, and therefore could not have been present at the crime scene.

Essentials of the Alib in Evidence Act

To establish the defence of plea of alibi, certain requirements must be met, including:

• A crime must have been committed that is punishable by law.
• The accused must be charged with committing the crime.
• The accused must prove that they were not present at the crime scene when the crime was committed.
• The accused must demonstrate that they were at a different location which would have made it impossible for them to be present at the crime scene.
• The defence of plea of alibi must be raised as early as possible in the legal proceedings.

Who Can Use the Plea of Alibi?

The accused typically takes the plea of alibi in a criminal case. The accused must assert that they were physically present somewhere else at the time of the alleged offence.

When to Raise the Plea of Alibi in Evidence Act?

To be effective, the plea of alibi should be raised as early as possible in the legal proceedings. It is recommended to raise the defence at the initial 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 fails to establish the plea of alibi, it does not automatically imply that they were present at the scene of the crime. The prosecution still needs to provide positive evidence to prove the accused’s presence at the crime scene. Simply failing to establish the plea of alibi cannot be considered evidence of guilt.

Sections of Evidence Act Relevant to Plea of Alibi

The plea of alibi is recognized under Section 11 and Section 103 of the Indian Evidence Act, 1872.

Section 11: When Facts Not Otherwise Relevant Become Relevant

Section 11 of the Indian Evidence Act, 1872 provides for the rule of evidence regarding the relevance of facts that are not otherwise relevant. According to this section, such facts become relevant if they are inconsistent with any fact or relevant fact or if they make the existence or non-existence of any fact in an issue or relevant fact highly probable or improbable.

Example of the Plea of Alibi: If the question is whether A committed a crime at Calcutta on a certain day, the fact that A was in Lahore on that day is relevant. Additionally, the fact that A was at a distance from the place where the crime was committed, making it highly improbable (but not impossible) that he committed the crime, is also relevant.

Section 103: Burden of Proof as to Particular Fact

Section 103 of the Indian Evidence Act, 1872 deals with the burden of proof as to any particular fact. According to this section, the burden of proof lies on the person who wishes the court to believe in the existence of that fact unless a law specifies otherwise.

Example: If the question is whether A committed a crime at Calcutta on a certain day, the fact that A was in New Delhi on that day is relevant. The burden of proving this fact lies on the person who asserts it.

Examples of Plea of Alibi in Evidence Act

A defence of a plea of alibi can be used in various criminal cases. For instance, if a man named Bill is accused of selling drugs to a minor two blocks from a school, he can present evidence that he was at work at a construction site at the time of the sale. 

He can call witnesses, including his boss, co-workers, or the property owner, to testify that he was at the site and did not leave around the time of the crime. Video footage or photographs taken at the time of the crime can also be used to support the defence. In some cases, records of the card swipes can help prove the defendant’s presence at a particular location.

Case Laws on Plea of Alibi

Munshi Prasad v State of Bihar 2001 (SC)

The Supreme Court held in this case that the accused’s presence at a reasonable distance from the place of occurrence is necessary to prove a defence of plea of alibi, and the distance should be at least 500 meters.

Mukesh v. State of N.C.T. of Delhi, AIR 2017 SC 2161

In this case, the accused claimed that he was attending a musical program with his family at a park at the time of the incident. However, the court rejected the plea of alibi, considering the contradictory evidence, such as the dying declaration of the victim, DNA analysis, and fingerprint analysis. The evidence from the authorities of the park also revealed that no permission was granted for any musical program on the date of the incident.

Lakhan Singh @ Pappu v. The State of NCT of Delhi

In this case, the court emphasized that a defence of plea of alibi should be raised at the earliest opportunity and not belatedly at the stage of defence evidence. The accused failed to provide any reason or explanation for not raising the defence earlier.

Binay Kumar Singh v. The State of Bihar

The court held that alibi is not an exception under the Indian Penal Code or any other law; it is only a rule of evidence recognized under Section 11 of the Evidence Act. The defence argues that facts inconsistent with the fact in the issue are relevant.

Conclusion

The plea of alibi is a crucial defence in criminal cases, which can help an accused person establish their innocence. It is recognized under Section 11 of the Indian Evidence Act, 1872, and can be raised at the earliest stage of the case. The burden of proof lies on the accused to establish their presence elsewhere at the time of the commission of the alleged offence, and the prosecution must prove the accused’s guilt beyond a reasonable doubt.