What is Plea of Alibi What is Meant by Plea of Alibi

PLEA OF ALIBI

What is Meant by Plea of Alibi

1- Introduction.

Plea of Alibi is that form of defence through which accused attempts to prove that he was in Some other places at the time when alleged offence was. Committed. In fact, Criminal law has provided accused different accusation. defenses to prove his innosence against accusation.

2- Relevant law.

Article 24 of QSO

3- Meaning of Plea of Alibi

Alibi is a latin word, which means, elswhere.
And plea of alibi means that the accused was not present at time of scene of offence because he was present another place.

4- Definition of plea of Alibi

The plea of absence of a person accused From the place of occurrence, at the time of Commission of the offence is called the plea of Alibi.

5- Essentials of plea of Alibi. 

Following are the essentials of Plea of Alibi,

I- Who may take plea of Alibi. 

A person taking plea of Alibi must be accused of an offence.

 II- Absence of accused from place of occurrence.

He must plead his presence elsewhere, at the time of Commission of alleged offence.

III- Covering of entire time

It Should be impossible for him to reach  the place of occurrence at the time of accused of Mence • Commission of offence. Therefore plea should be cover the whole time alledged offence.

IV- Raised at earliest opportunity.

The plea of Alibi must be raised by accused at earliest possible time. 

6- Explanation of plea of Alibi

Explain through Following points-

 I- Physical impossibility of accused.

Plea of alibt can only be taken when Such plea postulates physical impossibility of accused's presence at scene of offence due to his presence at Sime other place.

 II- Time to raise plea of Alibi.

Plea of Alibi should be rouse at earliest time

III- Evidence to prove plea of Alibi

Plea of Alibi is considered the weakest type of Plea Therefore, cogent Convincing and Plausible evidence is needed to prove it. It Supported reveals that plea of alibi should be supported by Strong evidence.

IV- Burden of Proof

It is established rule of evidence that burden of prove of plea of alibi is on the accused which is to be proved in accordance with laws and plea of alibi must be proved with absolute certainty so as to Completely exclude the presence of person concerned at the time when and place where the incident took place.

V- Quantum of proof

The quantum of proof required to prove a plea of alibi various from case to case. Sometime accused taking plea of alibi need not to strictly prove, meaning thereby more creation of doubt in mind of court is Sufficient. But most cases the accused has to strictly prove his plead.

VI- Absence and presence.

To prove innocence against accusation, accused is required to raised reasonable question about his absence in place of occurrence at the time of Commission of offence and About his presence in some other place at Such time 

VII- Consideration of whole Evidence

 In case of plea of alibi, court is consider the whole evidence to make a Remarks about. guilt  or innocence of that accused, which who makes plea of alibi.

VIII- Applicability of plea of Alibi

Plea of Alibi is only applicable in criminal cases Not in civil cases.

7- Conclusion