alibi
Alibi is Latin for elsewhere. If the accused was at another place when the offence was committed, he could not have committed it. In Indian evidence law, the alibi is not a separate exception but uses the rule that facts inconsistent with a fact in issue are relevant.
The burden is on the accused to prove his presence elsewhere, and courts expect strict proof, since false alibis are common. But the prosecution's burden to prove guilt beyond reasonable doubt never shifts. A failed alibi does not by itself prove guilt; it is only a circumstance. An alibi should be raised at the earliest stage, and it must cover the whole time when the crime could have occurred.
Example
The accused's plea of alibi succeeded because the hospital records showed he was admitted in Mysuru at the time of the Belagavi murder.
In Indian law
- Section 9, Bharatiya Sakshya Adhiniyam, 2023 (old s.11 Evidence Act): facts inconsistent with relevant facts
- Section 106, Bharatiya Sakshya Adhiniyam, 2023 (old s.103 Evidence Act): burden of proof as to particular fact
See also
burden of proof · beyond reasonable doubt · relevant fact
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