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    Plea of Alibi: Illustration - A Is Accused of B's Murder On A Particular Date at Kanpur. On That Day A Was at

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    Adan Hooda
    The plea of alibi is a defense used in criminal law where the accused attempts to prove that they were elsewhere at the time the alleged offense was committed, and therefore could not have committed the crime. It is the responsibility of the accused to prove their alibi by presenting evidence showing they were too far from the crime scene to have participated. While failure to prove an alibi does not help the prosecution's case, it also does not lead to an inference that the accused was present at the scene - the prosecution still must provide positive evidence to prove the accused's presence and guilt.

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    Plea of Alibi: Illustration - A Is Accused of B's Murder On A Particular Date at Kanpur. On That Day A Was at

    Uploaded by

    Adan Hooda
    469 views1 page
    The plea of alibi is a defense used in criminal law where the accused attempts to prove that they were elsewhere at the time the alleged offense was committed, and therefore could not have committed the crime. It is the responsibility of the accused to prove their alibi by presenting evidence showing they were too far from the crime scene to have participated. While failure to prove an alibi does not help the prosecution's case, it also does not lead to an inference that the accused was present at the scene - the prosecution still must provide positive evidence to prove the accused's presence and guilt.

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    plea of alibi

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    The plea of alibi is a defense used in criminal law where the accused attempts to prove that they were elsewhere at the time the alleged offense was committed, and therefore could not have committed the crime. It is the responsibility of the accused to prove their alibi by presenting evidence showing they were too far from the crime scene to have participated. While failure to prove an alibi does not help the prosecution's case, it also does not lead to an inference that the accused was present at the scene - the prosecution still must provide positive evidence to prove the accused's presence and guilt.

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    © All Rights Reserved
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    469 views1 page

    Plea of Alibi: Illustration - A Is Accused of B's Murder On A Particular Date at Kanpur. On That Day A Was at

    Uploaded by

    Adan Hooda
    The plea of alibi is a defense used in criminal law where the accused attempts to prove that they were elsewhere at the time the alleged offense was committed, and therefore could not have committed the crime. It is the responsibility of the accused to prove their alibi by presenting evidence showing they were too far from the crime scene to have participated. While failure to prove an alibi does not help the prosecution's case, it also does not lead to an inference that the accused was present at the scene - the prosecution still must provide positive evidence to prove the accused's presence and guilt.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Plea of Alibi

    It is the plea of absence of person, charged with an offence, from the place of occurrence at the
    time of the commission of the offence is called the plea of alibi.  The term “Alibi “is a Latin
    word which means – elsewhere or somewhere else. In criminal law this plea is used by accused
    against the commission of an alleged offence. When the accused pleads the alibi in court of law
    he or she attempts to prove that he or she is somewhere else at the time when the offence is
    committed. In other words, it simply tells us that the accused was not physically present at the
    crime scene. It is basic law that in criminal case, the burden is on the accused to prove that the he
    was not present at the scene and has not participated in the crime (Section 103 of Indian
    Evidence Act, 1872). In order to establish the plea of alibi the accused must lead evidence to
    show that he was so far off at the moment of the crime from the place of occurrence that he could
    not have committed the offence. Section 11 of Indian Evidence Act, 1872 is related with the Plea
    of Alibi.

    Illustration – A is accused of B’s murder on a particular date at Kanpur. On that day A was at
    Pune, is relevant to prove the plea of Alibi. Now A will prove that it would be impossible for
    him to commit murder at Kanpur as he was in Pune.

    Who may take a plea of alibi?


    Generally, the accused of an alleged offence takes the plea of alibi. The accused must plead his
    presence elsewhere at the time of the commission of alleged offence.
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    When to raise the plea of alibi-
    In order for the plea to be successful and effective it is always advisable to make the plea at the
    earliest or in the initial stage of case: this stage could be at the stage of framing of charge or at
    preliminary hearing.

    Failure to establish Alibi – Failure on the part of accused to establish plea of alibi does not help
    the prosecution and it cannot be held that the accused was present at the crime scene, the
    prosecution must prove it by positive evidence. Thus, mere failure on the part of the accused to
    establish the plea of alibi shall not lead to an inference that the accused was present at the crime
    scene

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