Meaning and Legal Basis of Plea of Alibi
The plea of alibi is a defense raised by an accused claiming that they were at a location different from the place of occurrence at the time the crime was allegedly committed, making it impossible for them to have participated. The term “alibi” means “elsewhere.” Under Section 11 of the Indian Evidence Act, 1872, facts that are inconsistent with the fact in issue are relevant, and the plea of alibi falls within this category. It operates on the principle that if the accused proves they were somewhere else during the commission of the offence, the presumption of their involvement is logically contradicted. Courts view the plea as a special defense requiring strict scrutiny.
Burden of Proof and Evidentiary Standards
Although the prosecution must prove the guilt of the accused beyond reasonable doubt, the burden of proving an alibi lies strictly on the accused under Section 103 of the Evidence Act. The accused must provide credible, convincing, and corroborated evidence, such as travel records, CCTV footage, witness testimony, or documents establishing presence elsewhere. However, failure to prove the alibi does not automatically confirm guilt; it merely removes that particular defense. Courts emphasize that a plea of alibi should not be raised casually but must be supported by strong and independent evidence. Since it is a rule of evidence, courts test its authenticity very carefully.
Judicial Approach and Limitations
Courts have consistently held that an alibi must be proved with absolute certainty because it completely negates the possibility of the accused’s presence at the crime scene. However, the plea should be raised at the earliest stage—preferably during the examination under Section 313 CrPC. An unsubstantiated or false plea of alibi may weaken the defense but cannot strengthen the prosecution case. The doctrine does not shift the initial burden of proof from the prosecution but only imposes an additional burden on the accused once the plea is raised. Courts treat this plea as an exception to the general standard of relevance under Section 11.
Real-Time Example
A man is accused of committing a murder in Delhi on 10th May at 8 PM. He claims alibi by producing flight tickets, boarding passes, and CCTV footage showing that he was at Mumbai airport at the same time. The airline staff also confirms his presence during the relevant period. Since the evidence clearly shows he was physically in Mumbai when the crime occurred in Delhi, the court accepts the plea of alibi. This destroys the prosecution’s claim that he was present at the crime scene, leading to his acquittal.
Mnemonic to Remember – “A-L-I-B-I”
A – Accused proves presence elsewhere
L – Lies under Section 11 (inconsistent facts)
I – Independent corroboration essential
B – Burden on accused (Section 103)
I – Impossible for accused to be at crime scene
Mnemonic: “ALIBI = Accused Located In a Different Place.”
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Understand the Plea of Alibi with clear, exam-oriented notes on Lawgana.in. Learn how Section 11 of the Evidence Act treats inconsistent facts as relevant, how the burden under Section 103 lies on the accused, and why courts insist on strict, independent corroboration. With real-life examples, judicial approach, and the mnemonic ALIBI, our simplified explanations help law students, judiciary aspirants, and legal researchers grasp this crucial defense effortlessly. Strengthen your Evidence Act preparation with structured, reliable, and high-quality content crafted for conceptual clarity.
