last seen theory
The last seen theory is a rule of circumstantial evidence. Where the accused and the deceased were last seen alive together and the deceased was found dead soon after, the time gap may be so small that the possibility of anyone else being the author of the crime becomes impossible. The accused is then expected to explain how and when they parted, since that fact is especially within his knowledge.
The theory cannot by itself support a conviction where the time gap is long or other persons could have intervened; it needs corroborating circumstances forming a complete chain. A false explanation or silence by the accused may serve as an additional link but cannot fill the gap in the prosecution’s case.
Example
Two witnesses saw the accused leave with the deceased an hour before the body was found, so the last seen theory shifted to him the burden of explaining their parting.
In Indian law
- Section 109, Bharatiya Sakshya Adhiniyam, 2023 (old s.106 Evidence Act): burden of facts especially within knowledge
- State of U.P. v. Satish, 2005 INSC 68: when the last seen theory applies
See also
circumstantial evidence · burden of proof · beyond reasonable doubt · presumption