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ARTICLE · 21 MARCH 2020

Alibi - A Conundrum Between Prosecution And Accused

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Alibi is a maxim which means at another place. The word "alibi" comes from Latin and its literal translation means "elsewhere".

IndiaLitigation, Mediation & Arbitration

INTRODUCTION

Alibi is a maxim which means at another place. The word "alibi" comes from Latin and its literal translation means "elsewhere". The Black's Law Dictionary (8th ed. 2004) defines Alibi as "A defense based on the physical impossibility of a defendant's guilt by placing the defendant in a location other than the scene of the crime at the relevant time. The fact or state of having been elsewhere when an offense was committed." Alibi, therefore, is a defense which can be taken by the accused in the criminal proceedings by taking the plea that when the offence was committed, the accused was not present at that place.

"Alibi" itself is not defined in the Indian Penal Code, 1860 (hereinafter referred to as "IPC") or the Evidence Act, 1872 (hereinafter referred to as "Evidence Act"). However, it falls within the scheme of Section 11 of the Evidence Act. As per Section 11, there are certain facts which otherwise not relevant become relevant.1 Under the scheme

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