Alibi

11. When facts not otherwise relevant become relevant

Facts not otherwise relevant are relevant-

(1) If they are inconsistent with any fact is 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

Illustration

(a) The question is, whether A committed a crime at Calcutta on a

certain day.

The fact that, on that day, A was at Lahore is relevant.

The fact that, near the time when the crime was committed, A was
at a distance from the place where it was committed. Which would
render it highly improbable, though not impossible, that he
committed it, is relevant.

(b) The question is, whether A committed a crime.

The circumstances are such that the crime must have been
committed either by A,B,C or D. Every fact which shows that the
crime could have been committed by no one else and that it was not
committed by either B, C or D is relevant.

Alibi- is a rule of evidence. The word ‘Alibi’ is derived from the Latin

word, which means ‘elsewhere’.
Alibi may be a Latin word, which suggests elsewhere. It’s used when
the accused takes the plea that when the occurrence come about he
was elsewhere. In such a situation the prosecution has to discharge
the burden satisfactorily. Once the prosecution has got to
successful in discharging the burden it’s obligatory on the accused
who takes the place of alibi to prove it with absolute certainly. An
alibi isn’t an exception envisaged within the IPC or the other law.
It’s a rule of evidence recognized by Section 11 of the Evidence Act
that facts inconsistent with fact in issue are relevant

1) 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.

2) WHEN TO BOOST THE PLEA OF ALIBI- In order for the plea to

achieve success and effective it’s always advisable to create the
plea at the earliest or within the initial stage of case: this stage
might be at the stage of framing of charge or at preliminary
hearing.

3) FAILURE TO DETERMINE ALIBI – Failure on the a part of

accused to ascertain plea of alibi doesn’t help the prosecution
and it can’t 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 determine the
plea of alibi shall not result in an inference that the accused
was present at the crime scene.

4) BURDEN OF PROOF: When the defendant took the plea of alibi

the burden of proof lies on him under section 103 of this Act.

Essentials of Plea of Alibi:

 There must be an offence punishable by the law.

 The person taking the defence of Section 10 should be
accused of that particular offence punishable by the law.
  The defence must be satisfactory and beyond any reasonable
doubt.
 The defence must be backed by evidence.

In, Lakhan Singh @ Pappu vs The State of NCT of Delhi A plea of alibi

cannot be compared with a plea of self-defence although both the
plea is to be taken on the very first instance of the court
proceedings.

In, Sahabuddin & Anr vs the State of Assam Once the court is in

doubt with respect to plea of alibi and the accused does not give
any substantive explanation to support his statement under Section
313 CrPC, then the Court is authorised to conclude a negative or
not a positive inference against the accused.

In, Jitender Kumar v State of Haryana the Court not believing the

plea of alibi as the accused did not provide the sufficient supportive
evidence for establishing the defence. And the Court supported the
case from the prosecution side.

1) ‘Facts not otherwise relevant become relevant’ : 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. The simplest
meaning of this section is 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 important part of Section
11 of the Evidence Act is that this rule is only accepted in the
course of admission of the evidence and no other statute
provides such rule.

2) Facts highly probable and improbable: The plea of alibi has

to be taken on the very first stage of the trial and must be
proved without any reasonable doubt as the burden of proof is
on the person who is taking advantage of Section 10 i.e., Plea
of Alibi.highly probable and improbable:

It is well settled that it’s not a mere reasonable probability but

carries great weight in bringing the court to conclusion
whether facts exist or non-exist.

Under the second clause the fact which by itself or together

with other facts make the existence and non¬existence of the
actual fact in issue or relevant fact highly probable or
improbable. It also indicates that the connection between the
facts in issue and also the collateral facts sought to be proved
must be immediate on render the co-existence of the two
highly probable. The collateral facts will be admitted in
evidence if they create the existence of the actual fact in issue
highly probable or improbable.