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Under the Bharatiya Sakshya Adhiniyam, 2023, what is the nature of a plea of alibi and who bears the…

Presence elsewhere may be relevant under section 9 because it is inconsistent with the asserted presence or makes it highly improbable. Under section 106 the party asserting…

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Under the Bharatiya Sakshya Adhiniyam, 2023, what is the nature of a plea of alibi and who bears the burden of establishing it?

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Answer and explanation

Correct answer C

Presence elsewhere may be relevant under section 9 because it is inconsistent with the asserted presence or makes it highly improbable.

Under section 106 the party asserting the alibi ordinarily bears the burden of proving that particular fact.

The prosecution retains the burden of proving its own case.

Option feedback

Option A

An alibi contests presence through evidence of being elsewhere. It is not a general exception.

Option B

The accused bears the burden of the asserted alibi fact, but an alibi is an evidentiary plea.

Option C

Presence elsewhere may be relevant under section 9. Section 106 ordinarily places proof of that particular fact on the party asserting it.

Option D

Asserting an alibi does not create a presumption of absence. The prosecution retains the overall burden of proving its case.

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