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Dec 12, 2023 · This article deals with the essentials of the plea of alibi, who can avail it before the Court, the consequences of not proving the plea of alibi before the Court, and its other scopes with relevant case laws.
Dec 19, 2023 · A plea of alibi is a legal defence wherein the accused claims to have been elsewhere on the time a crime for which they’re charged became dedicated. Essentially, it is an assertion that the accused was not present on the location where the alleged offense came about. The term “alibi” is derived from Latin, meaning “ some other place.”
In criminal prosecutions, pleading an alibi can be a potent defence tactic. When backed up by solid proof and reliable witnesses, it can raise a reasonable doubt in the fact-finder’s mind and result in acquittal.
- Introduction
- Essentials
- When Can The Plea of Alibi Be taken?
- Who Can Raise The Plea of Alibi?
- Who Carries The Burden of Proof?
- Failure of Plea
- False Plea
- Conclusion
The Latin word ‘Alibi’ meaning ‘elsewhere’ or ‘somewhere else’ is used by the accused as a defence in criminal proceedings. It is the best evidence that can be used by a man to prove his innocence. Whenever a plea of alibi is raised by an accused, it means the accused is trying to convince the Court that he/she was not at the crime spot at the time...
Some of the essentials of a plea of Alibi are listed as follows: 1. A crime should have been alleged which is punishable by law. 2. The person should be accused of the offence to make the plea of Alibi. 3. It is a defence plea where the accused states that he/she was not present at the crime spot at the time of the commission of the crime. 4. The p...
Alibi should be immediate which means at the earliest possible opportunity and not be an afterthought. The plea of Alibi should be taken at the initial stages of the preliminary hearing or framing of the charge; therefore, it will have more weightage. Delay of raising Alibi: If the accused delays in filing a plea of Alibi then the credibility of th...
A plea of Alibi can be raised by the accused of an alleged offence. In order to make this plea, the accused should be at a place that is far away from the place of commission of the crime and can not be physically available at the crime spot at that time. The credibility of the plea of alibi increases, if the accused takes the plea at an earlier st...
When the prosecution has proved the charges against the defendant and has discharged the burden then the defendant can raise a plea of Alibi to prove his/her innocence. After taking the plea of Alibi, according to the Evidence Act, the burden of proof is on the accused. The accused has to prove his/her presence at a place that is far away from the ...
Even if the evidence provided were not true or the accused is not able to establish the plea of alibi or there is no evidence to prove the Alibi then it cannot be confirmed whether the accused was present at the crime spot or not. If the plea of Alibi is raised by the accused, the prosecution must prove it by positive evidence. Through this, it can...
It has been observed that sometimes the accused raises a false plea of Alibi as a defence to protect him/ her against criminal proceedings. However, the Courts will not consider the accused guilty of the crime if he/she raises a false plea of Alibi but it negatively impacts the accused. A false alibi plea and giving false evidence to prove it leads...
To conclude, it has been determined that the plea of alibi is raised by the defendant or accused to convey or convince that he was somewhere far from the crime spot at the time when the crime was initiated. It is to be notified that the accused claimed the plea of alibi and the chance of committing the murder is not reduced but the accused is burde...
Jun 14, 2021 · [3] The plea of alibi is a mode of defence under which a person on trial for a crime proves or attempts to prove being in another place when the alleged act was committed. Generally, Alibi is an excuse which is taking by the person who used to avoid responsibility or blame. Section 11 of Indian Evidence Act, 1872 deals with the same.
Jul 19, 2018 · In criminal proceedings alibi is used as a form of defence by the accused against the commission of an alleged offence. When an accused makes a plea of alibi in a court he or she attempts to prove that he or she was in some other place at the time the alleged offence was committed.
Aug 10, 2020 · In criminal law this plea is employed 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 elsewhere else at the time when the offence is committed. In other words, it simply tells us that the accused wasn’t physically present at the crime scene.
