Section 10 IEA

Section 10: Things said or done by conspirator in reference to common

design.Where there is reasonable ground to believe that two or more persons
have conspired together to commit an offence or an actionable wrong, anything
said, done or written by any one of such persons in reference to their common
intention, after the time when such intention was first entertained by any one of
them, is a relevant fact as against each of the persons believed to so conspiring,
as well for the purpose of proving the existence of the conspiracy as for the
purpose of showing that any such person was a party to it.

PRI NCI PLE : Qui facit per alumin facit per se applicable in civil case
(vicarious liabality).
It is based on the principle of agency. Prosecutions for conspiracy when concert
and connection b/w the conspirators is reasonably believed to exist. Said done or
written in by each conspirator reference to their common intentions is admissible
as Evidence under Indian Evidence act.


Scope: It is an exception to the rule that one cannot be criminally liable
for acts and statements of others.

Meaning of Conspiracy: Its difficult to prove conspiracy by
direct evidence and therefore, it is inferred by circumstantial evidence.
In Mualcahy v. R. Willies it was that conspiracy does not exist mere in the
intention of the two or more but in the agreement of two or more to do an
unlawful act.
It consists of agreement and has three essential elements:
(i) Two or more persons, (ii) Agreement, (iii) Unlawful purpose or criminal object.

The main factor of conspiracy is the agreement itself when agreement is
proved, no over act in furtherance of the common object is need to be
proved. Completion of the offence is not necessary , that anything should
be done beyond the agreement. As they may repent or may not get the
opportunity to do the act.

o Conspirators: The supreme court in the case of state of Tamil
Nadu v. Jayalalitha has said that anything said done or written by any
one such conspirators would arise if the facts were there to help suatain
the first limb of section 10 i.e. where there is reasonable ground to
believe that two or more persons have conspired together to commit an
offence.




Conspiracy as Agents: The SC has observed that only condition
to for application of the rule of section 10 is that their must be reasonable
ground to believe that two or more persons have conspired to commit an
offence. The basic principle as mentioned earlier of section 10 is agency
and hence every conspirator is an agent of his associate in carrying out the
object of his conspiracy. Section 10 say anything said, done or written by
any one of such persons in reference to their common intention, to be
recorded as a relevant fact against each of the person believed to have
been so conspired.
Proof on Conspiracy: Lord Mansfield has observed that the
evidence as to actual facts of conspiring must be collected from collateral
circumstances .
Test of Admissibility: The test to make an act or statement made
by an alleged conspirator can bee made admissible is to see that
reasonable ground to believe that conspiracy existed b/w him and the other
person and secondly that such fact or statement or writing had reference to
their common intention.
Reasonable Ground to Believe: It means that prima facie
evidence in support of the evidence of the conspiracy b/w the accused, and
then only anything said, written or done by one accused can be used
against others.
Common Intention: It means that Common intention existed at the
time when such thing was said, done or written by one of the conspirators.


Acquittal of One of the Conspirators: An accused may be
tried and acquitted when the other co conspirators do not believe and the
court believes that they are also guilty or dead. If tried jointly one accused
cannot be convicted if others are acquitted. All the conspirators must be
convicted or acquitted.
ESSENTIALS OF SECTION 10