Abstract

According to Duhaime's Law, a plea of alibi is a defense used in criminal cases where the accused claims they were somewhere else at the time the crime was committed. The term "alibi" comes from Latin, meaning "elsewhere" or "somewhere else." When an accused person uses this defense, they are asserting their innocence by proving they could not have been at the crime scene because they were in a different location at that time. Generally, the accused is the one who presents the plea of alibi, arguing they were not physically present when the alleged offense occurred. This plea is intended to demonstrate that the accused was elsewhere, making it impossible for them to have committed the crime. In legal terms, facts that are not immediately relevant may become relevant under certain conditions. Specifically, they become relevant if they contradict any fact in issue or relevant fact, or if they make the existence or non-existence of a fact in issue more or less probable. Under Section 103 of the Evidence Act, 1872, the burden of proof for establishing any particular fact lies with the person who wants the court to believe in its existence, unless a law specifies that the proof must be provided by a particular person. For example, if there is a question about whether A committed a crime in Calcutta on a certain day, evidence showing that A was in New Delhi on that day would be relevant.

Keywords