MODULE 1

NATURE AND SCOPE

OF THE INDIAN
EVIDENCE ACT AND
RELEVANCY OF FACTS

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The Indian Evidence

Act, 1872
Procedural or Adjective Law
Sir James Fitz James Stephen
11 Chapters 167 Sections
Enacted : 15th March 1872
Commencement: 1st September 1872
Civil and Criminal Matters
Law of Evidence is the Lex fori (Law of
the forum or law of the place of
action)
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During Trial of a Case

Whether a particular fact is relevant to prove a fact in issue
or disputed matter?
Whether a particular evidence is admissible to prove a fact
in issue?
Whether a certain fact requires to be proved in writing or
not?
Who has to prove a fact in issue or disputed fact?
Whether a witness is competent or not?
Whether a copy of a document is admissible to prove the
contents of a document?
Whether evidence of a witness who has not seen a crime is
admissible or not?

The Law of Evidence does not affect substantive rights of parties but
only lays down the law for facilitating the course of justice.
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Fundamental Principles of Indian Law of Evidence

1. Evidence must be confined to the

matters in issue.
2. Hearsay evidence must not be
admitted.
3. The best evidence must be given in all
cases.

IEA has been amended several times.

How many? Latest?
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IEA - SCHEME
IEA can be divided into three broad
categories:
Firstly what to prove (Sections 5 to
55)
Secondly, who to prove (Sections
100-115)
and
Lastlyhow to prove (Sections 116 to
167)
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Burden of Proof

An Essential Concept in Law of Evidence.

Differently applied in Civil and Criminal Cases.
Burden of proof broadly means that whoever wants the Court to give a
judgement as to any right or liability which is dependent on certain
facts must prove existence of such facts.
When a person is bound to prove certain existence of facts, it is said
that the burden of proof lies on that person.
In a Civil Suit: preponderance of probability is sufficient. Preponderance
of probability means existence of a greater weight of evidence which is
valuable to determine the offence and sufficient enough to incline a fair
and impartial mind to one side of the issue. The Judge generally takes
into consideration that evidence which is persuasive and outweighs the
other side.
In a Criminal Case: the burden of proof is on the prosecution which
should be proven beyond reasonable doubt. The highest standard of
proof which must be met in a trial court is that of beyond reasonable
doubt. This means that the judge has no doubt of the defendants guilt.
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FACT

Section 3 of IEA:
The term fact means and includesAny thing, state of things, or relation of things, capable of
being perceived by the senses (see, touch, taste, hear, and
smell);
Any mental condition of which any person is conscious.

Examples:
That man heard or saw something, is a fact.
That women has a certain reputation, is a fact.
The jar kept on the table, is a fact.
That a man holds a certain opinion, has a certain intention, acts in good
faith, acts fraudulently, or uses a word in a particular sense, or is or
was at a specified time conscious of a particular sensation, is a fact.
That girl has so and so name, is a fact.
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FACTS- Classification
Physical
Facts

Psychological Facts

External
Factsperceivable by the five
senses.
Can
be
physically
observed.
Example:
Ram
smelt
something
burning
Shyam
heard
the
explosion
Manu felt severe pain
The bus fell into the river
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Mental
Condition
of
a
person
Facts of which a person is
mentally
conscious
and
which cannot be physically
observed.
Example:
He acted in good faith.
Raju has a good
reputation.
Smriti took his books away
with dishonest
intention.

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Facts in Issue
Section 3 of IEA:
The expression facts in issue
means and includesany fact from
which, either by itself or in connection
with other facts, the existence, nonexistence, nature, or extent of any
right, liability, or disability, asserted
or denied in any suit or proceeding,
necessarily follows.
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In Detail
In Civil and Criminal cases One party allege the existence or nonexistence of certain facts to establish his right or others liability.
The alleged fact may be accepted or denied by the other party.
If accepted by other party- the facts are not in issue.
If denied by other party- facts are in issue.
If facts alleged by one party and accepted or admitted by other- the
former need not give evidence to prove those facts.
If facts alleged buy one party and denied by other- the former needs
to adduce evidence to prove those facts.
X is prosecuted by the State murder of Y. State alleges that X
intentionally caused Ys death. X denies the charge. Whether X has
committed the murder of Y or not becomes the Fact in Issue.
A files a civil suit against B for recovery of money alleging in the
plaint that B has borrowed Rs.10,000/- and executed a promisory
note. B files a written statement refuting As claim of the debt and
execution of the promisory note. The Fact in Issue in this case is :
Whether B has borrowed Rs.10,000/- from A after executing a
promisory
note in his favour. ASIF.E
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In Civil Suits:
The Court frames
issues on all
disputed facts
before the trial
begins. These
issues become
the facts in
issue.
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InAll
the
Criminal
Cases:
ingredients of
the offence with
which an
accused is
charged and
denied by the
accused
generally
become the facts
in issue.

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Relevant Fact
Those facts which are so connected with the fact in issue
that it can explain, assert or deny existence of facts in
issue. However, it is to be noted here that every facts
connected with facts in issue is not relevant, unless the
said fact is connected with facts in issue in the same way
as described in Sections 6-55 of IEA.
The word relevant means that any two facts to which it is
applied are in such a way related to each other that one,
either taken by itself or in connection with the other facts,
proves or renders probability of the past, present or
future existence or non-existence of the other.
Relevant means admissible in evidence. Of all the rules
in evidence the most important is that the evidence
adduced should be confined only to the matters which are
in dispute, or which form the subject of investigation.
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Relevant FactsInterpretations
Chamberlaynes Modern Law of Evidence :
Relevant as applied to evidence, must be
understood as touching upon the issue which the
parties have made by their pleadings, so as to
assist in getting at the truth of the disputed facts.
Whatever evidence will withstand this test should
not be objected to.
In DPPvs Kilbourne,( 1973 AC 729 at 756 (HL))
Lord Simone of Glaisdale said:
Evidence is relevant if it is logically probative or
disprobative of some matter which requires proof.
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Categories of Relevant Facts

Facts forming part of same

transactions (Doctrine of Res Gestae)
Certain Statements like admission,
confession or dying declarations
Earlier judgment pertaining to the
said cause of action
Opinion of expert of facts disputed
Character of parties
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UK & INDIA -Relevancy

All logicallyUK
relevant
facts are legally relevant
and admissible in a court
of law.
Exclusions to this
general rule:
1. Evidence of similar
facts
2. Hearsay evidence
3. Opinion evidence
4. Character evidence
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INDIA
All logically relevant
facts are not legally
relevant in India.
Only those specifically
provided for as
relevant by the IEA
from Sections 6-55 are
relevant and
admissible.
(All relevant facts may
not be admissible as
well)

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In Detail
Sections 17 to 31 - Admission of facts by particular persons is relevant.

Sections 32 and 33 - Statements by persons who cannot be called

witness in specified circumstances are with definite conditions are
relevant.

Sections 34 to 38 - Statements made in an extra ordinary circumstance,

any statement made on any law which is inserted in some books, is
relevant.

Sections40-44 - Judgments of courts are relevant in certain situations.

Sections 45-51 - Opinion of third person is relevant in certain
situations.
Sections 52-55 - Character of a person is relevant in certain situations.

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Relevancy and
Admissibility

Ram Bihari Yadav vs State of Bihar (1994) 4 SCC 517

Supreme Court- Explained- Differences between relevancy of
evidence and its admissibility:
The Court said that frequently the expressions relevancy and
admissibility are used as being synonymous with each other
but their legal incidents are different, because facts which are
relevant may not be admissible . For example, communications
between a man and his wife or between an Advocate and client
may be relevant and may be of great probative force but as a
matter of policy they are inadmissible. On the other hand there
are certain facts which though admissible are not relevant.
Their admissibility is grounded on other considerations and not
the considerations of relevancy. Evidence in terms elicited from
a witness in cross examination as to his character to find out
his credibility is admissible though it may have nothing to do
with the facts of the case.
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Proved, Disproved and Not

Proved
Section 3 of IEA
A fact is said to be proved when after considering the
matters before it, the Court either believes it to exist
or considers its existence so probable that a prudent
man ought, under the circumstances of the particular
case, to act upon the supposition that it exists.
It means proved beyond reasonable doubt.
In Criminal Case- Guilt of accused to be proved
beyond reasonable doubt
In Civil Case- proving beyond reasonable doubt is not
necessary, only balancing of possibilities and
probabilities is sufficient.
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A fact is said to be disproved when, after

considering the matters before it, the Court
either believes that it does not exist, or
considers its non-existence so probable that a
prudent man ought, under the circumstances of
the particular case, to act upon the supposition
that
it
does
not
exist.
A fact is said to be not proved when it is
neither proved nor disproved. There is no
positive or negative findings. It is a situation
where the parties fail to explain precisely, how
the
matter
stands.

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Presumptions:
May Presume, Shall Presume and Conclusive
Proof
Presumptions: Inferences drawn by the court
with
regard to the existence of certain facts from some other
facts already proved.
Divided into Two:
1. Presumptions of Fact (May Presume)
2. Presumptions of Law

Presumptions of Law Again divided into Two:

1.Rebuttable presumptions (Shall Presume)
2.Irrebuttable presumptions (Conclusive
Proof)
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May Presume
Section 4 of IEA
Rebuttable
Presumption of Fact
May either regard the fact as proved unless and until it is
disproved or may call for proof of it.
Discretion of the court either to believe in the fact or to call
for proof of it.
If Court regards the fact as proved- the person against whom
the presumption is drawn can give evidence to disprove it.
For Example Section 114 (a) of IEA- a man in possession of
stolen goods soon after the theft, the court may presume
that he is either the thief or has received the goods knowing
them to be stolen.
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Shall Presume (Rebuttable Presumption of Law)

Section 4 of IEA
Rebuttable
Presumption of Law
Court shall regard such fact as proved unless and until
its disproved
No discretion & Cannot call for proof of it
Person against whom presumption is drawn- can
adduce evidence to disprove it
For example Section 114 A of IEA: In a rape case if the
victim says to the court that she did not consent for
sexual intercourse, the court shall take the presumption
that she did not consent. However the accused can give
evidence
to prove that it was
consensual.
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Irrebuttable Presumption of Law or Conclusive

Proof

Section 4 of IEA
When one fact is declared by this act to be
conclusive proof of another, the Court shall, on
proof of the one fact, regard the other as proved,
and shall not allow evidence to be given for the
purpose of disproving it
Party against whom presumption is drawn cannot
give evidence to show that fact is not in existence
For example in Criminal law, it is a presumption of
law that a child below 7 years of age cannot have
the mens rea to commit a crime and no evidence
can be adduced to prove the contrary
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Document
Section 3
The term document means any matter expressed or described
upon any substance by means of letters, figures or marks, or by
more than one of those means, intended to be used, or which may be
used, for the purpose of recording that matter.
A writing is a document;
Words printed, lithographed or photographed are documents;
A map or plan is a document;
An inscription on a metal plate or stone is a document;
A caricature is a document;
Also electronic records.
The term document includes all material substances on which
thoughts of the people are expressed by writing or in any other way,
by a mark or a symbol. For instance, the wooden board on which the
bakers, the milk men, indicate by notches, the number of loaves of
bread or litres of milk supplied to the customers, are documents.

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Evidence
Section 3
Evidence means and includes All statements which the court permits or requires to be made before
it by the witnesses, in relation to matters of fact under inquiry; such
statements are called oral evidence;
All documents including electronic records produced for the
inspection of the Court, such documents are called documentary
evidence.
The term Evidence covers (a) the evidence of witnesses, and (b)
Documentary evidence. Evidence can both be oral and documentary
and electronic records can be produced as evidence. The word
evidence does not includes everything that is before a Court. There
are other medium of proof as well. For eg The statement of parties,
The result of investigations held,
Any real or personal property been inspected in determining the
question at issue, such as weapons, tools or stolen property.

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Principal Fact & Evidentiary Fact

The fact which is to be provedFactum Probandum

The fact which tends to establish
the principal fact- Factum
Probans
Any fact which has a probative
force to create a reasonable
belief in the mind of a person as
to the existence of other fact
under enquiry is called Evidence
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Affidavit
An affidavit is a written statement made
voluntarily made by an affiant or deponent
under an oath administered by a person who
is legally authorized to do so.
Affidavits are confined only to those facts
which the deponent is able of his own
knowledge to prove.
An affidavit filed by a party cannot be termed
as evidence.
Affidavits cannot be used in evidence. It can
only be used if the Court permits to be used
for sufficient reasons.
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Res Gestae

Sections 6-11 of IEA

All facts connected through part of the same
transaction.
Res Gestae in IEA are:
Facts forming part of same transaction (section 6)
Facts which are occasion, cause or effect of facts in
issue (Section 7)
Facts suggesting Motive, preparation and previous
or subsequent conduct (Section 8)
Facts necessary to explain or introduce relevant
facts (section 9)
Things said or done by conspirator in reference to
common design (Section 10)
When Facts not otherwise relevant become relevant
because these facts make
other facts in issue or any
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Facts forming part of same transactions (Section 6)

All facts which are connected with the

facts in issue due to:
Proximity of time
Proximity of place
Continuity of action
Community of purposes, whether
happen at same time and place or
different time and different place
Then, they are said be part of the same
transactions
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Section 6- Illustrations
(a) A is accused of the murder of B by beating him. Whatever was
said or done by A or B or the by-standers at the beating, or so
shortly before or after is as to from part of the transaction, is a
relevant fact.
(b) A is accused of waging war against the Government of India by
taking part in an armed insurrection in which property is
destroyed, troops are attacked and goals are broken open. The
occurrence of these facts is relevant, as forming part of the general
transaction, though A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a
correspondence. Letters between the parties relating to the subject
out of which the libel arose, and forming part of the
correspondence in which it is contained, are relevant facts, though
they do not contain the libel itself.
(d) The question is whether certain goods ordered from B were
delivered to A. the goods were delivered to several intermediate
persons successively. Each delivery is a relevant fact.

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Cases

Ratten vs The Queen (1971) 3 W.L.R 930

R vs Bedingfield (1879) 14 Cox C.CC 341
R vs Christie (1914) AC 545
Javed Alam vs State of Chhattisgarh (2009) 6 SCC 450
Tests for applying Res Gestae
Krishan Kumar Malik vs State of Haryana (2011) 7 SCC 130
State of Maharashtra vs Kamal Ahmed Mohammed Vakil
Ansari (2013) 12 SCC 17
Haripada Mahato vs State of W.B (Kolkatta High Court
2013)
Kyamuddin vs State (Delhi High Court , 2016)
Bhagwan Sahai vs State (Delhi High Court, 2015)

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Res Gesate & Rule Against

Hearsay
Exception to the Rule against
Hearsay
R vs Foster (1834) 6 C & C p.325:
172 E.R 1261- Doctrine of Res Gestae
is an exception to the Principle of
Hearsay
Many criticisms of Res gestae
Professor Wigmore- The rule is not
only useless but also harmful
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Facts which are occasion, cause or

effect of facts in issue (Section 7)
Facts those which provide either occasion or cause
or create effect over facts in issue.
For example in murder case, presence of accused
and victim at the place of occurrence at same time
or accused having gun, at given time, or
altercation between accused and victim are the
facts proving occasion, and thus they are relevant
in this section. Firing of bullet is cause of death, so
firing as such is a relevant fact; firing of bullet
may have effect of causing death or serious
injuries, here injuries or death is effect of firing of
bullet, so such injuries are relevant facts.
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Section 7
Provides for relevancy of the following
kinds of facts:
1. Facts constituting the offence
2. Facts which show the cause
3. The effects of the principal facts
4. Facts which provide the opportunity
for the happening of the principal fact
5. Facts which constitute the state of
things under which the principal facts
happened
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Occasion: Evidence can always be given of the

set of circumstances which constituted the
occasion for the happening of the principal fact.
For example in R vs Richardson the fact that the
girl was alone in her cottage at the time of
murder is relevant as it constituted the occasion
for
the
murder.
Cause: Evidence can be given of the set of
circumstances which constitute the cause for
the happening of the principal fact. Cause
often explain why a particular act was done.
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Effects: Every act leaves behind certain effects which not only record
the happening of the act but also throw light upon the nature of the
act.
For example in a case of murder marks on the ground, produced by
struggle at or nearby places where the murder occurred are relevant
facts.
Opportunity: The circumstances which provide an opportunity for the
happening of a fact in issue are relevant.
For example in a case of poisoning the fact that the accused knew
about the food habits of the victim is a relevant fact.
State of things: The facts which constitute the state of things under
which or in the background of which the principal facts happened are
relevant.
In case of Ratten vs Reginam ( 1971) 3 All E.R 801where the accused
was prosecuted for shooting down his wife and he took the defence of
accident, the fact that there was marital discord and that he had an
affair with another women are relevant as it constituted the state of
things in which the principal fact. i.e the shooting down , happened.
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Section 7-Illustrations
(a) The question is, whether A robbed B.
The facts that, shortly before the robbery B went to a
fair with money in his possession, and that he showed
it or mentioned the fact that he had it, to third persons,
are relevant.
(b) The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near
the place where the murder was committed, are
relevant facts.
(c) The question is, whether A poisoned B.
The state of Bs health before the symptoms ascribed
to poison and habits of B, known to A, which afforded
an opportunity for the administration of poison, are
relevant facts.
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Facts suggesting Motive, Preparation and Previous or

Subsequent conduct (Section 8)

Facts suggesting motive (say example previous fighting,

property dispute, love affair, family dispute, business rivalry
etc.) or preparation (say example just before the murder
accused purchased a gun or bullets, or took training for
shooting, or in case of forgery, he purchase few stamp
papers to forge a sale deed etc.) or conduct, whether
previous or subsequent of the parties are also relevant
(examples of previous conducts like, previous attempts, any
fights; example of subsequent conduct such as being
missing from house after committing murder, suspicious act
of hiding himself or certain goods used for the offence etc.)
It is important to note that conducts of parties as well as
their agents both are relevant in any suit or proceeding.

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Section 8 - Illustrations
(a) A is tried for the murder of B.
The facts that, A murdered C, that B knew that A had murdered C,
and that B had tried to extort money from A by threatening to make
his knowledge public, are relevant.
(b) A sues B upon a bond for payment of money. B denies the making
of the bond.
The fact that, at the time when the bond was alleged to be made, B
required money for a particular purpose, it relevant.
(c) A is tried for the murder of B by poison.
The fact that, before the death of B,A procured poison similar to that
which was administered to B, is relevant.
(d) The question is, whether a certain document is the will of A.
The facts that not long before the date of the alleged will A made
inquiry into matters to which the provisions of the alleged will relate
that he consulted vakils in reference to making the will, and that he
caused drafts or other wills to be prepared of which he did not
approve, are relevant.
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Continued.
(e) A is accused of a crime.
The facts, either before or at the time of, or after the alleged crime, A
provided evidence which would tend to give to the facts of the case an
appearance favourable to himself, or that he destroyed or concealed
evidence, or prevented the presence or procured the absence of persons who
might have been witnesses, or summoned persons to give false evidence
respecting it, are relevant.
Generally, conduct does not include a bare statement, however, if such
statement has affected the conduct of the parties, then not only such conduct
but also statement both will be relevant. For example:
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in As presence the police are
coming to look for the man who robbed B and that immediately afterwards A
ran away, are relevant.
(g) The question is, whether A owes B Rupees 10,000.
The fact that, A asked C to lend him money, and that D said to C in As
presence and hearing I advice you not to trust A, for he owes B 10,000
rupees and that A went away without making any answer, are relevant facts.
(h) The question is, whether A committed a crime.
The facts that, A absconded after receiving a letter warning him that inquiry
was being made for the criminal, and the contents of the letter, are relevant.
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Continued
(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he
absconded or was in possession of property or the proceeds of
property acquired by the crime, or attempted to conceal things which
were or might have been used in committing it, are relevant.
(j) The question is whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint
relating to the crime, the circumstances under which, and the terms in
which the complaint was made, are relevant.
The facts that, without making a complaint, she said that she had been
ravished is not relevant as conduct under this section, though it may
be relevant as a dying declaration under section 32, clause 1, or as
corroborative evidence under section 157.
(k) The question is whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint,
relating to the offence, the circumstances under which, and the terms
in which the complaint was made, are relevant.
The fact that he said he had been robbed without making any
complaint, is not relevant, as conduct under this section, though it
may be relevant as a dying declaration under section 32, clause 1, or
as corroborative evidence under section 157.

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Section 9
Facts necessary to explain or introduce
relevant facts
Types of evidence covered by this section:
1. Facts necessary to introduce or explain
2. Facts which support or rebut an
inference
3. Facts which establish the identity of
anything or person
4. Facts which fix time or place
5. Facts which show the relation of parties

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Introductory or
Explanatory Facts
Evidence always allowed to introduce or explain facts.
For example: Where the question is whether a given document
is a will made by a certain person evidence may be given of
the state of his property and of family at the date of the alleged
will as it may be necessary to introduce the circumstances
which necessitated the making of the will.
In a suit for libel evidence can be given of the state of parties
relations at the time of the alleged libel as this may be
necessary to introduce the circumstances that led to the libel.
A person is tried for leading certain people to a riot by marching
at the head of them. The cries of the mob may be given in
evidence being explanatory of the nature of the transaction.
A person accused of theft is seen giving the stolen property to
his wife and instructing her to hide it. This is an explanatory of
the fact that he had some reason to do so.

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Facts which support or rebut

inferences
The fact that soon after the commission of the crime, he
absconded from his house is relevant under section 8 as a
conduct affected by the facts. Such a conduct is relevant
because it suggests the inference that he is guilty. Any fact
which either supports this inference or rebuts or contradicts it
will also become relevant.
If this guy is caught travelling ticketless in a train in shabby
dress, it supports the inference that he is guilty.
It will equally be relevant for him to show that he left home
because he had urgent and sudden business to attend.
Matru vs State of U.P AIR 1971 SC 1050 Even an innocent
man may feel panicky and try to evade arrest when wrongly
suspected of a grave crime, such is the instinct of self
preservation. The act of absconding is no doubt a relevant piece
of evidence, but its value would always depend on the
circumstance of each case.
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Identity of a Person
Any fact establishing identity of a person
is relevant
The identity of persons can be established
by the evidence of persons who know him.
In Bibhavati Devi vs Kumar Ramendra
Naraian Roy AIR 1942 Cal. 498
Identification of a person after 12 years by
his mother as her son was held to be
relevant.
No restriction on facts proving identityEvery fact which can
help the court to
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Identification Parade
Ramanathan vs State of T.N AIR 1978 S.C
1201- The line up of the accused in a test
identification parade is a workable way of testing
the memory and veracity of the witnesses and
has worked well in actual practice.
Thakker Narendra vs State of Gujarat 2011
Gujarat H.C - Photographs of accused earlier
published in newspaper before holding the
identification parade- No weightage for evidence
of such identification.
Dana Yadav vs State of Bihar AIR 2002 SC
3325- Where the accused is already well known
to the witnesses, holding
of a test identification
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parade waste of public time.

Cases.
Mohanan Nair vs State of Kerala 1989(1) KLJ 467
Kerala HC held that Test Identification Parade is not a
substantive evidence. The identification before the Court only
is the substantive evidence.
J.D Surya Rao vs State of Maharashtra AIR 2002 SC
143- Substantive evidence of a witness is his evidence in the
court .Test Identification parade is primarily a part of the
investigation.
So Section 9 Evidence of identification is a relevant piece- if
the identification happens in the court during trial.
Acharuparambath Pradeepan and Another vs State of
Kerala 2007 (1) KHC487 (Jayakrishnan Masters Murder
Case) - Supreme Court held that where there is delay in
conducting identification parade- the benefit of doubt should
always be given to the accused.
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Time or Place of
Happening
Evidence can be given of facts
which show the time or place of
the happening of facts in issue
or a relevant fact.
The report of an expert is
relevant to fix the time or place
of the happening of the fact in
issue.
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Relation of Parties
Facts which show the relation of the
parties by whom a fact in issue or a
relevant fact was transacted are relevant.
For example Undue Influence and Libel
In an action for damages for defamation,
the state of the previous relation
between the parties will be relevant.
Relations which create undue influence
are relevant.
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Section 10- Evidence to Prove

Conspiracy

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
person 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 such persons believed to be so conspiring , as
well as for the purpose of proving the existence of the conspiracy as
for the purpose of showing that any such person was party to it.
AIR 1974 SC 898- In cases of conspiracy better evidence than acts
and statements of co-conspirators in pursuance of the conspiracy is
hardly even available.
Also AIR 1999 SC 2640- Using of statement of conspirator against
another conspirator.
AIR 2001 SC 175- To attract the applicability of Section 10- the court
must have reasonable ground to believe that two or more persons
had conspired together for committing an offence.

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Cases
Bhagwan Swarup vs State of Maharashtra (AIR 1965 SC
682)- SC Deciding on applicability of Section 10 analysed
the ingredients There should be prima facie evidence to believe that two or more
persons are members of the conspiracy
If the said condition is fulfilled anything said, done or written by any
one of them in reference to their common intention will be
evidence against the other or others.
Anything said, done or written by him should have been said, done
or written by him after the intention was formed by one of them.
Anything said, done or written by one of the conspirators can be
used against another who entered the conspiracy after he has said,
done or written anything.
Anything said, done or written by one of them can only be used
against the conspirator and not in his favour.
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Cases.
2003(3) SCC 641, 2005 (1) SCC 237 In reference
to their common intention meaning thereof.
L.K Advani vs C.B.I (1997) Cri.L J 2559 (Jain
Hawala Diary Case)- The Court held that entries in
the diary showing payments to the petitioner- not
sufficient to establish prima facie existence of
conspiracy.
Mohammed Khalid vs State of W.B (2002)(7)
SCC 334- The statement of one conspirator to be
admissible as against another conspirator- statement
should have ben made during the subsistence of the
common intention and not thereafter.
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