ALIBI

Literal Translation

Elsewhere

Definition

Alibi is a Latin word that means elsewhere. It is basically referred to a plea of absence of an accused from the place of occurrence of an offence at the time of its commission is called the plea of Alibi. It is generally used when the accused takes the plea that when the occurrence of an act took place and he was elsewhere. If the plea of Alibi is raised by the accused, the burden to prove it lies on him, which he could do by leading evidence in trial.

Illustration

‘A’ was accused of assaulting his daughter. The injured were admitted to the hospital at 7.00 p.m. The accused took the plea of Alibi, as he claimed to have visited his friend’s house at the time of assault. Hence, the burden of proof lies on him.

Case Law

Munshi Prasad and others v. State of Bihar (AIR 2001 SC 3031)

Suraj Pal v. State of U.P. (AIR 1994 SC 748)