Alibi
Latin: Elsewhere
Also called: Plea of alibi
A defence plea that the accused was at another place when the offence was committed, so that he could not have committed it. Relevant under Section 9 of the BSA; the burden is on the accused.
Explained
Alibi is a Latin word meaning 'elsewhere'. A plea of alibi is the accused's assertion that at the time the offence was committed he was at a place so distant that he could not have taken part in it. It is not a general exception under the Bharatiya Nyaya Sanhita, 2023; it is a rule of evidence that goes to the identity of the offender.
The plea is made relevant by Section 9 of the Bharatiya Sakshya Adhiniyam, 2023 (earlier Section 11 of the Indian Evidence Act, 1872), under which facts not otherwise relevant become relevant if they are inconsistent with any fact in issue or relevant fact, or make its existence highly probable or improbable. Illustration (a) to Section 9 states that where the question is whether A committed a crime at Chennai on a certain day, the fact that A was at Ladakh on that day is relevant, and the fact that he was at a distance making it highly improbable, though not impossible, that he committed it is also relevant.
The burden lies on the accused. Section 106 of the BSA (earlier Section 103 of the Evidence Act) places the burden of proving a particular fact on the person who wishes the court to believe in it, and its illustration says that where B wishes the court to believe he was elsewhere at the time in question, he must prove it. The courts require the plea to be established with certainty so as to exclude the possibility of presence at the scene. But the prosecution must first prove its case beyond reasonable doubt; the failure of an alibi does not by itself establish guilt.
In Tomaso Bruno v. State of Uttar Pradesh (2015), the Supreme Court noted that the burden lies on the accused to establish the defence plea of alibi, yet held that the prosecution, having the best evidence in CCTV footage, ought to have produced it, and drew an adverse inference against it. Examiners test the provision under which alibi is relevant, the burden of proof and the meaning of the word.
What the law says
Facts not otherwise relevant are relevant—
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
Facts inconsistent with a fact in issue are relevant; alibi illustration
Earlier law: IEA 11. When facts not otherwise relevant become relevant.
The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
Illustration.
A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
Burden of proving a particular fact; illustration on being elsewhere
Earlier law: IEA 103. Burden of proof as to particular fact.
Earlier law: Section 11, Evidence Act, Section 103, Evidence Act
Example
Illustration (a) to Section 9 of the BSA: the question is whether A committed a crime at Chennai on a certain day. The fact that, on that day, A was at Ladakh is relevant.
For the exam
- Alibi means 'elsewhere'; the accused was at another place at the time of the offence.
- Relevant under Section 9 BSA (earlier Section 11 IEA), illustration (a).
- Burden on the accused: illustration to Section 106 BSA (earlier Section 103 IEA).
- Not a general exception under the BNS; it goes to identity.
- A failed alibi does not relieve the prosecution of proving guilt.
3 questions in the Law Maker question bank use this maxim. Practise Bharatiya Sakshya Adhiniyam questions
Judgments
Related terms
- EvidenceUnder Section 2(1)(e) of the BSA, statements of witnesses before the Court, including those given electronically (oral evidence), and documents, including digital records, produced for its inspection (documentary evidence).
- Facts in issueFacts from which, alone or with other facts, the existence, non-existence, nature or extent of a right, liability or disability asserted or denied in a suit or proceeding necessarily follows (Section 2(1)(g) of the BSA).
- Actori incumbit onus probandiThe burden of proving a fact lies on the party who asserts it and seeks judgment on it. Reflected in Sections 104 and 105 of the BSA.
- FactAnything, state of things or relation of things capable of being perceived by the senses, and any mental condition of which a person is conscious (Section 2(1)(f) of the BSA).
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.