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1. Introduction
Plea of alibi is that form of defense through which accused attempts to prove that he was in some other place at the
time when alleged offense was committed. In fact, criminal’s laws have provided accused different defenses to prove
his innocence against accusation. No-doubt, plea of alibi is one of such defenses. However, plea of alibi is
2. Relevant Provisions
Alibi is Latin World, which means elsewhere. And plea of alibi means that accused was physically not present at time
of scene of offence because he was present at another place. In fact, if accused suggests to court that he was some
where else at time of commission of alleged offence, such suggestion is called plea of alibi.
“The plea of absence of a person accused from the place of occurrence, at the time of the commission of the offence
It should be impossible for him to reach the place of occurrence at the time of commission of offence. Therefore plea
The plea of Alibi must be raised by accused at the earliest possible time.
Plea of alibi can only be taken when such plea postulates physical impossibility of accused’s presence at scene of
Plea of alibi is considered the weakest type of plea. Therefore, cogent, convincing and plausible evidence is needed
to prove it. It reveals that plea of alibi should be supported by strong evidence.
Under Article 119, it is established rule of of evidence that burden of prove plea of alibi is on the accused which is to
be proved in accordance with law, and the plea fo alibi must be proved with absolute certainty so as to completely
exclude the presence of the person concerned at the time when and the place where the incident took place.
The quantum of proof required to prove a plea of alibi various from case to case. Sometime the accuse taking plea of
alibi need not to strictly prove meaning thereby more creation of doubt in the mind of court is sufficient. But most
place of offence at time of commission of offence and about his presence in some other place at such time. In this
way, he is to raise reasonable doubt in mind of court about his participation in commission of offence to get benefit of
Since legitimacy of a child implies a begetting by the husband. In order to prove illegitimacy it would be relevant to
prove, that the husband had no access to the wife at the probable time of begetting.
In case of plea of alibi, court is considering the whole evidence to make any conclusion about guilt or innocence of
Conclusion
To conclude, that honorable Apex Courts have explained two important principles about plea of alibi. Among these
principles, one principle is that guilt cannot be inferred from making of false plea of alibi. And other principle is that
accused cannot take benefit through plea of alibi when reasonable doubt is not created in mind of court about