LAW OF EVIDENCE.ppx for law ,very imptnt

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1. PLEA OF ALIBI By- SANJANA N

2. ALIBI Alibi is a Latin word that means “elsewhere” or “somewhere else. A plea of alibi is a defense used in criminal law where the accused claims to have been at another location at the time of the alleged crime . According to  Black’s Law Dictionary , Alibi is defined as “A term used to express that mode of defence to a criminal prosecution, where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evidence to show that he was in another place at the time; which is termed setting up an alibi.”

3. PROVISIONS RELATING TO PLEA OF ALIBI Section 11: When Facts Not Otherwise Relevant Become 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.

4. 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.

5. ESSENTIAL CRITERIA FOR MAKING PLEA OF ALIBI 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.

6. LIMITS AND CHALLENGES TO THE PLEA OF ALIBI The burden is completely on the accused to prove that he is innocent and that he was somewhere else from the place where the crime has actually taken place.  The court will presume that the accused was on the crime scene and that he is the one who committed the crime. The accused has to prove that the presumption is wrong.  The plea of alibi must be proved beyond reasonable doubt; even a slight doubt about the presence of the accused at the crime scene can reject the plea.  

7. CASE LAWS Gurpreet Singh v. State of Haryana (2002 ) Munshi Prasad v State of Bihar 2001 (SC ) Lakhan Singh @ Pappu v. The State of NCT of Delhi Binay Kumar Singh v. The State of Bihar

8. THANK YOU