Plea of Alibi
Introduction
The word „Alibi‟ is derived from latin which means “elsewhere” or “ somewhere else”.
It is used as a defence by the person who is accused , in criminal proceedings.
When the accused makes a plea of alibi, it means that the accused is trying to convey and convince
the court that he is at some other place at the time when the crime happened.
Generally, a plea of alibi states that the suspect was not there at the crime spot and time of the
performance of a crime owing to the excuse that he was at some other place.
According to criminal law, the burden of proving that he was absent at the crime spot, lies on the
accused.
Illustration : on a certain day A got murdered at cuttack. B was accused in the case but he is in BBSR when
the crime had happened. Now B can make a plea of Alibi in the court. Here B must prove that he is in
BBSR, at the time crime was committed.
Sections dealing with the plea of alibi :
Section 11 of the IEA
“when facts not otherwise relevant become relevant: facts not otherwise relevant are relevant
1. If they are inconsistent with any fact in issue or relevant fact;
2. 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.
Section 103 of the IEA;
It states that the burden of proof as to any particular fact lies on that person who wishes the court to
believe in its existence unless it is provided by any law that the proof of that fact shall lie on any
particular person.
Clause 1 of Section 11 contains five common instances/ cases of inconsistent facts as
stated below:
1. Alibi;
2. Absence or non-access of husband;
3. Survival of the alleged deceased;
4. Commission of an offence by a third person; and
5. Self-infliction of harm alleged. Among the above, alibi is of great importance.
Alibi
The word „Alibi‟-means „elsewhere‟.
Section 11 of the Indian Evidence Acts explains the concept of „Facts not otherwise relevant become
relevant‟ and makes the provision as a defending ground for the accused.
a condition when the incident took place and the accused is charged for the incident then he may
make defend him on explaining that at the time of the incident he was not present at the location.
Although previously it was not relevant for the court to know that where he was as the investigation
showed that he committed the crime but his explanation that he was not at the place of incident make
the irrelevant facts a relevant fact.
The plea of alibi has to be taken on the very first stage of the trial and must be proved without any
reasonable doubt
the burden of proof is on the person who is taking advantage of Section 10 i.e., Plea of Alibi.
Essentials
1. There should be an alleged offence punishable by law.
2. However, it should be noted that then plea of alibi isn‟t maintainable in all the cases, number of them
are as.
• in civil wrong. For example in a defamation suit, contributory carelessness cases.
•in matrimonial. For example, suit for maintenance suit for divorce.
• In some jurisdictions, a plea of alibi works as an exception to the right of silence. For example of
Canadian common law.
3. The person creating the plea of alibi must be an accused in that offence.
4. Alibi could be a plea of defense (in respect of innocence of defendant) by that the accused suggests
to the court that he was elsewhere at the time of the commission of the alleged offence.
5. The plea should prove on the far side any reasonable6 doubt that it was impossible for the defendant
to be physically present at the scene of the offence.
6. The plea should be backed by evidence supporting the claim of the defendant.
Absence or non-access of husband
Where legitimacy of a child is in question the absence or non-access of husband is a relevant fact
because legitimacy of the offspring implies a begetting by the husband. (For detail see Section 112,
Evidence Act).
Survival of the alleged deceased
Where A is alleged to have killed B on a particular date the fact that after that date B was seen alive
is a relevant fact as being inconsistent with this being killed on that date. (See for details Section 107
and 108 of the Evidence Act).
Commission of an offence by a third person
Where A is charged with a crime committed by himself alone, any evidence which includes that B
might have committed the crime may be received. Threats by a third person or motive of such third
person are generally offered to prove that he and not the accused have committed the alleged crime.
Self-infliction of harm alleged
Where A is charged with murder of B, if it is proved that B has committed suicide A cannot be
convicted for murder of B. Where a lover was charged with murder of a woman, whose body was
found in a river the fact that during the week before her death she had actually attempted to down
herself and had been prevented from doing so was held to be relevant to show that she might have
made a second attempt.
Dudh Nath Pandey case (1981)
The Plea of Alibi was explained by Apex court as –
The plea of alibi states that the physical impossibility of the presence of the accused at the crime
scene by reason of his presence at another place.
The plea can therefore succeed provided that it‟s shown that the accused was to date away that he
couldn‟t be present at the place where the alleged crime was committed.
