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Section 10 of the Indian Evidence Act establishes an exception to the rule against hearsay evidence for statements made by co-conspirators. It allows statements made by one conspirator about their common plan or agreement to be used as evidence against all other conspirators. For a statement to be admissible under Section 10, there must be reasonable grounds to believe that two or more persons conspired together to commit an offense, and the statement must have been made in reference to their common intention. Conspiracy requires an agreement between two or more people to carry out an unlawful act, though completion of the act is not necessary to prove conspiracy. Section 10 is based on the legal principle of agency, treating each conspirator as
Section 10 of the Indian Evidence Act establishes an exception to the rule against hearsay evidence for statements made by co-conspirators. It allows statements made by one conspirator about their common plan or agreement to be used as evidence against all other conspirators. For a statement to be admissible under Section 10, there must be reasonable grounds to believe that two or more persons conspired together to commit an offense, and the statement must have been made in reference to their common intention. Conspiracy requires an agreement between two or more people to carry out an unlawful act, though completion of the act is not necessary to prove conspiracy. Section 10 is based on the legal principle of agency, treating each conspirator as
Section 10 of the Indian Evidence Act establishes an exception to the rule against hearsay evidence for statements made by co-conspirators. It allows statements made by one conspirator about their common plan or agreement to be used as evidence against all other conspirators. For a statement to be admissible under Section 10, there must be reasonable grounds to believe that two or more persons conspired together to commit an offense, and the statement must have been made in reference to their common intention. Conspiracy requires an agreement between two or more people to carry out an unlawful act, though completion of the act is not necessary to prove conspiracy. Section 10 is based on the legal principle of agency, treating each conspirator as
Section 10: 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 persons 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 the persons believed to so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.
PRI NCI PLE : Qui facit per alumin facit per se applicable in civil case (vicarious liabality). It is based on the principle of agency. Prosecutions for conspiracy when concert and connection b/w the conspirators is reasonably believed to exist. Said done or written in by each conspirator reference to their common intentions is admissible as Evidence under Indian Evidence act.
Scope: It is an exception to the rule that one cannot be criminally liable for acts and statements of others.
Meaning of Conspiracy: Its difficult to prove conspiracy by direct evidence and therefore, it is inferred by circumstantial evidence. In Mualcahy v. R. Willies it was that conspiracy does not exist mere in the intention of the two or more but in the agreement of two or more to do an unlawful act. It consists of agreement and has three essential elements: (i) Two or more persons, (ii) Agreement, (iii) Unlawful purpose or criminal object.
The main factor of conspiracy is the agreement itself when agreement is proved, no over act in furtherance of the common object is need to be proved. Completion of the offence is not necessary , that anything should be done beyond the agreement. As they may repent or may not get the opportunity to do the act.
o Conspirators: The supreme court in the case of state of Tamil Nadu v. Jayalalitha has said that anything said done or written by any one such conspirators would arise if the facts were there to help suatain the first limb of section 10 i.e. where there is reasonable ground to believe that two or more persons have conspired together to commit an offence.
Conspiracy as Agents: The SC has observed that only condition to for application of the rule of section 10 is that their must be reasonable ground to believe that two or more persons have conspired to commit an offence. The basic principle as mentioned earlier of section 10 is agency and hence every conspirator is an agent of his associate in carrying out the object of his conspiracy. Section 10 say anything said, done or written by any one of such persons in reference to their common intention, to be recorded as a relevant fact against each of the person believed to have been so conspired. Proof on Conspiracy: Lord Mansfield has observed that the evidence as to actual facts of conspiring must be collected from collateral circumstances . Test of Admissibility: The test to make an act or statement made by an alleged conspirator can bee made admissible is to see that reasonable ground to believe that conspiracy existed b/w him and the other person and secondly that such fact or statement or writing had reference to their common intention. Reasonable Ground to Believe: It means that prima facie evidence in support of the evidence of the conspiracy b/w the accused, and then only anything said, written or done by one accused can be used against others. Common Intention: It means that Common intention existed at the time when such thing was said, done or written by one of the conspirators.
Acquittal of One of the Conspirators: An accused may be tried and acquitted when the other co conspirators do not believe and the court believes that they are also guilty or dead. If tried jointly one accused cannot be convicted if others are acquitted. All the conspirators must be convicted or acquitted. ESSENTIALS OF SECTION 10
Subject: Code of Criminal Procedur-I B.A.Ll.B-Viiith Sem Subject Teacher: Dr. Md. Junaid Teaching Material of Unit-Ii - (A) (C) Topic: Process of Filing Charge-Sheet Under Section 173 CRPC