“LEGAL DYNAMICS OF THE PLEA OF ALIBI UNDER THE BHARATIYA SAKSHYA ADHINIYAM 2023”
AUTHOR – NUSRAT ALI RIZVI, ASSISTANT PROFESSOR AT GOVT. LAW COLLEGE, GWALIOR, M.P. EMAIL: ALINUSRAT9@GMAIL.COM
BEST CITATION – NUSRAT ALI RIZVI, “LEGAL DYNAMICS OF THE PLEA OF ALIBI UNDER THE BHARATIYA SAKSHYA ADHINIYAM 2023”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 836-843, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Plea of alibi is an important defence in criminal jurisprudence, where the accused can prove his absence at the time and place of commission of the alleged offence. Bharatiya Sakshya Adhiniyam, India’s new evidence law has made substantial changes to the legal position regarding the plea of alibi, making it in line with modern judicial thoughts and technological inputs. This article analyses the changing legal dynamics of alibi plea under section 9 of the BSA 2023, marking its procedural framework, evidential significance, and judicial interpretations. The BSA 2023 maintains the content of Section 11 of the Indian Evidence Act, 1872, identifying alibi as a fact negating the guilt of an accused person in a crime. Yet the new act puts greater evidentiary pressures on the defence, calling upon them to deliver tangible, supportive evidence and not just assertions. The onus of proof, while generally residing with the prosecution to prove beyond reasonable doubt that the accused committed the offence, requires the accused to support the alibi by tangible documentary or electronic evidence. In addition, the judiciary’s response under BSA 2023 indicates a move towards a technology-based evaluation of alibi claims, with courts increasingly using digital traces, CCTV images, and geolocation information. The rule that an alibi should be raised at the earliest opportunity remains in place, deterring spurious defences at subsequent stages of trial. Moreover, courts currently examine alibi pleas alongside circumstantial evidence to ensure an even and just assessment of truth. This Article critically examines the pivotal judicial statements and legislative provisions, providing an understanding of the challenges and opportunities in adjudicating alibi pleas in India’s changing legal framework. It highlights the imperative of clarity in evidentiary standards and prevention against abuse, upholding justice while ensuring procedural integrity.
Keywords: Plea of Alibi, Criminal Law, Burden of Proof, Criminal Justice, Indian Judiciary.