Alibi Definition Meaning Section 11 Indian Evidence Act
When Facts Not Otherwise Relevant Become Relevant Through Alibi
Section 11 of the Indian Evidence Act, 1872 (corresponding to Section 9 of the Bharatiya Sakshya Adhiniyam, 2023) provides that facts which are not otherwise relevant may become relevant if they are either inconsistent with any fact in issue or a relevant fact, or if they make the existence or non-existence of a fact in issue or a relevant fact highly probable or improbable. This section is an exception to the general rule that only facts in issue and relevant facts are admissible.
Know About: Admission in Evidence Act Definition Types and Value
Conditions under Section 11 IEA/Section 9 BSA
Facts not otherwise relevant become relevant if:
- They are inconsistent with any fact in issue or a relevant fact; or
- They make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
Facts which becomes relevant under Section 11 IEA/Section 9 BNS has been discussed below :
Plea of Alibi
The term 'alibi' means 'elsewhere'. A plea of alibi is taken by the accused to show that he was not present at the place of crime at the time of its commission. It is based on the principle of physical impossibility of presence at the crime scene.
Example: If A is accused of committing murder in Delhi at 8:00 p.m., but produces evidence that he was attending a wedding in Mumbai at the same time, this fact becomes relevant under Section 11.
Important points regarding plea of alibi:
- It must be raised as soon as the accusation is made.
- It is often treated with suspicion and requires strict proof.
- The burden of proof lies on the accused (Section 103 IEA/Section 106 BSA).
In Doodhnath Pandey v. State of U.P. (1981), the Supreme Court held that the plea of alibi must be proved with absolute certainty so as to completely exclude the possibility of presence at the scene of occurrence.
In Munshi Prasad v. State of Bihar (2002), the Court observed that the plea of alibi can be accepted only when it is shown that it was impossible for the accused, using all available means of transport, to reach the crime scene from the place where he claimed to be.
Non-Access
Another instance under Section 11 IEA/Section 9 BSA is the plea of non-access, particularly in cases relating to legitimacy of paternity. If it can be shown that the husband had no access to the wife at the relevant time, it becomes relevant to disprove paternity.
Example: If a child is born during wedlock but the husband can prove that he was abroad for the entire duration when conception could have occurred, the fact of non-access becomes relevant to disprove paternity.
Self-Harm or Injury
Facts showing that an injury or harm was self-inflicted may become relevant under Section 11 IEA/Section 9 BSA. This may be used to rebut allegations that another person caused the injury.
Example: If X alleges that Y assaulted him causing injuries, but medical evidence shows the injuries were self-inflicted, this fact becomes relevant under Section 11.
Commission of Offence by Third Person
Evidence suggesting that an offence was committed by a third person and not the accused may also become relevant under this section. Such facts make it improbable that the accused committed the offence.
Example: If A is charged with theft but evidence shows that another person B was caught selling the stolen goods, this fact becomes relevant to show improbability of A's involvement.
Survival of Alleged Deceased Person
Where it is alleged that a person is dead, evidence showing that he was alive at a particular time becomes relevant as it makes the alleged fact of death improbable.
Example: In a murder case, if it is alleged that Z was killed on 1st January, but evidence shows that Z was seen alive on 5th January, this fact becomes relevant to disprove the allegation of death on the earlier date.
Facts Showing Probabilities
Facts which increase or decrease the probability of the existence of facts in issue are also relevant under Section 11 IEA/Section 9 BSA.
Example: If the prosecution alleges that a person travelled 200 km on foot within 3 hours to commit an offence, facts about the physical impossibility of such travel become relevant to show improbability of the prosecution story.
Key Principles of Section 11 IEA/Section 9 BSA
- It serves as a supplementary provision expanding the scope of relevancy.
- It is not enough to merely cast doubt; the fact must make the existence or non-existence of a fact in issue highly probable or improbable.
