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6 - Plea of Alibi

The Plea of Alibi is a defense in criminal cases where the accused claims they were elsewhere when the crime occurred, aiming to prove their absence from the crime scene. Under the BSA, 2023, the accused must provide credible evidence to support their alibi, and failure to do so weakens their defense without implying guilt. This defense is significant as it can create reasonable doubt in the prosecution's case, and courts consider credible alibi evidence seriously.

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200 views1 page

6 - Plea of Alibi

The Plea of Alibi is a defense in criminal cases where the accused claims they were elsewhere when the crime occurred, aiming to prove their absence from the crime scene. Under the BSA, 2023, the accused must provide credible evidence to support their alibi, and failure to do so weakens their defense without implying guilt. This defense is significant as it can create reasonable doubt in the prosecution's case, and courts consider credible alibi evidence seriously.

Uploaded by

Veena Murthy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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6 - Plea of Alibi

Meaning of Plea of Alibi

 The Plea of Alibi is a defense in criminal cases where the accused claims that they were
somewhere else at the time the crime was committed.
 This defense aims to prove the impossibility of the accused’s presence at the crime
scene.
 It shifts the focus on the time and place to exclude the accused’s involvement.

Legal Position under BSA, 2023

 The plea of alibi is a fact to be proved by the accused, as per Section 101 (Burden of
Proof) of BSA, 2023.
 The accused must provide credible evidence to establish their whereabouts.
 Failure to prove an alibi weakens the defense but does not automatically imply guilt.

Importance of Plea of Alibi

 It is a strong defense if supported by independent and trustworthy evidence such as


witness testimony, documents, or other proof.
 Helps create reasonable doubt in the prosecution’s case.
 The prosecution may disprove the alibi by evidence placing the accused at the crime scene.

Distinction from Other Defenses

 Unlike denial of the crime, alibi focuses on whereabouts.


 It does not necessarily deny the crime but denies the accused’s presence.

Important Case Laws

1. Queen-Empress v. Manohar (1883)

The Court observed that a credible alibi creates reasonable doubt about the accused’s presence
at the crime scene and must be considered seriously.

2. State of Rajasthan v. Kashi Ram (2006)

The Supreme Court held that the prosecution must disprove the alibi beyond reasonable doubt if
the accused establishes a plausible alibi.

Conclusion

The plea of alibi is an important defense tool under the BSA, 2023. The accused carries the
burden of proving their absence from the crime scene by reliable evidence. If established, it can
lead to acquittal by creating reasonable doubt. Courts give due weight to alibi evidence, provided it
is credible and consistent.

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