Plea of Alibi : Definition and Principle

Alibi is the Latin term , which means ‘elsewhere’.Alibi is a piece of evidence  that one was elsewhere and alleged act took place, an excuse.

As per Oxford Dictionary Alibi means that a claim or the evidence supporting it , that when  an alleged  an act  took place  one was  elsewhere or an excuse  of any kind , a pretext or justification.

According to Ballentines Dictionary Alibi means  that a rebuttal of evidence  of the prosecution by evidence  that the accused was elsewhere  that the alleged scene  of the offence at the time of offence.

Section 28 of the Evidence Act 1031 lays down that ,if any law has laid down  any such provision  specifying that certain  facts are to be proved  by the certain party in the given situation, the same  hold good  if such  situation  does arise.

A defense that places the defendant at the relevant time of crime  in different  place than the scene involved  and so removed there from as render it impossible  for him/her to be  guilty party.

These all definitions have lay down that Alibi means at the time of occurrence of crime he/she was not there. Plea of Alibi is the mode of defense taken by the accused  that he/she  was physically  not present  at a time of scene  of offense by the reason of presence at another  place. Alibi is different  from all kinds  of evidence; it is based  on the premise  that defendant is truly innocent. Thus Alibi is based  on the theory  that  presence of else where  is essentially  is inconsistent  of presence of  accused at the place and the time of alleged  occurrence and  the participant in it.

Plea of Alibi is view as self defense or provocation.Basically legal burden lies on prosecution in criminal case and plaintiff  in civil  case. It does not means that defendant has no any burden of proof.The burden of proof lies on the party concerned as per the  situation of the case .Usually the defendant does not legal burden in criminal case however they often  have evidential burden. If defendant wishes to do more than merely deny the prosecution  case and wishes to raise an affirmative defense that he/she will bear the evidential burden.Thus , in certain situation burden of proving  a particular  fact in issue may be laid  by the law  on the accused. Therefore, plea of Alibi is one of situation on which defendant  has evidential burden  to justify  defense being  consider seriously by the court. Once there is any evidence  to support  such ‘explanation’ than legal  burden of disproving  such explanation rest upon the prosecution.

Principle of Plea of Alibi:

Plea of Alibi is based on Roman principle ,”ei qui non negat incumbite probation”. It means who claims  has to prove  it not  the party  who negats.A person alleged  too have done any act might  introduce the fact  that making  it less possible that he/she  was present  at the time  and place  of the act  and such  facts are admissible  even though  they do not suffice  to make his/her  presence  total impossible. Alibi if established  is a complete defense  to the charge  of having  committed  the crime , the force  of this  defense is universally recognized. The principle of an alibi is that essential inconsistent  with the presence  at the place at the place and the time alleged, and therefore  with personal  participation in the fact. Thus the evidentiary  fact is a new affirmative proposition  consider as the factum probandum through  it’s logical operator is negative one.