#WitnessStatement

[freelawbydjure]

Alibi and Witness: Key Differences

Introduction

Part I: Alibi — The Defense’s Shield

An alibi is a powerful legal defense strategy employed in criminal trials. At its core, it aims to provide evidence that the defendant was not present at the scene of the crime when it occurred. The term ‘Alibi’, as it is, is neither defined in the Indian Penal Code nor the Indian Evidence Act, 1872. It was recognized as a Rule of evidence under Section 11 of the Indian Evidence Act. Along with this, Section 103 of the Indian Evidence Act also deals with the Plea of Alibi. It states that “The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person.” Here are the key aspects of an alibi:

Absence at the Crime Scene: The fundamental premise of an alibi is that the defendant, at the time of the alleged criminal activity, was located elsewhere. This absence is crucial to create reasonable doubt in the minds of jurors or the presiding judge.

Establishing Reasonable Doubt: Alibis are introduced to raise doubts about the defendant’s culpability. By proving that the defendant could not have committed the crime due to their presence elsewhere, the defense aims to undermine the prosecution’s case.

Corroborative Evidence: Alibis often involve presenting corroborative evidence, such as witness testimonies, documents, or surveillance footage, to support the defendant’s claim of being at a different location during the alleged crime. This evidence bolsters the credibility of the alibi.

Burden of Proof: In most legal systems, the burden of proving an alibi falls on the defense. This means that the defense must provide convincing evidence to establish the alibi’s credibility.

Challenging the Alibi: The prosecution, in response, may challenge the alibi by presenting contradictory evidence or undermining the credibility of the alibi witnesses.

Part II: Witness — The Eyes and Ears of the Court

In contrast to an alibi, a witness is a person who provides firsthand knowledge or testimony related to an event or situation in a legal proceeding. Here comes a question, ‘who may testify?’ The same is defined efficiently under Section 118 of the Indian Evidence Act, which states that “All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.” Witnesses can be called by either the prosecution or the defense, and they serve various roles:

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Breach of Contract Case Involving Candidate's Misconduct: Witness Testifies Debts Extend Beyond the Plaintiff, Pointing to Multiple Borrowers

Breach of Contract Case Involving Candidate's Misconduct: Witness Testifies Debts Extend Beyond the Plaintiff, Pointing to Multiple Borrowers #breachofcontract #legislativecandidate

Hargo.co.id, GORONTALO – The Gorontalo District Court resumed the trial of a breach of contract case involving a legislative candidate, identified as RD, from the Regional People’s Representative Council (DPRD) of Bone Bolango on Thursday (11/1/2024). The session’s agenda was to hear witness testimonies. Three witnesses were presented by the plaintiff in the trial presided over by Judge Hascahyo.…

[stayhumblethings-blog]

First assignment of end of term! 2500 words done, 5000 roughly to go for dissertation... one oral court exam and two written exams to go! #bournemouth #university #bu #aasignment #dissertation #endofterm #studentlife #handin #court #witnessstatement #forensicinvestigation #science #forensic (at Bournemouth University)

[gsandlaw]

#crpc #witnessstatement #criminallaw #legalnews #recentjudgements Telegram Channel for PDF of the lecture https://ift.tt/2YjbLXB Facebook Page https://ift.tt/2YUAn8j Twitter Handle https://www.twitter.com/GSandLaw1 Instagram ID https://ift.tt/3hHNuCt Linkedin Page https://ift.tt/3ep8trI Pinterest ID https://ift.tt/2NdjwrY Discuss on Reddit https://ift.tt/3dg3Z5a Ask Questions on Quora https://ift.tt/3fGOaWM by GS and Law

[itskatybitchcat]

June 19, 2017 at 05:22PM

#WITNESS has already been certified 5x Platinum in China. http://pic.twitter.com/SMT0y6Ahpt

— Witness Updates (@WitnessStats) June 19, 2017

[itsrattysworld]

Without Prejudice Robert Buckland, Justice Secretary, Lord Chancellor Please Read My Facebook Memories Updated On My Websites Because That Misconduct HHJ Marc Dight And Paedophile Samantha Jones Have A Showdown on 20/5/2021

Without Prejudice Robert Buckland, Justice Secretary, Lord Chancellor Please Read My Facebook Memories Updated On My Websites Because That Misconduct HHJ Marc Dight And Paedophile Samantha Jones Have A Showdown on 20/5/2021

Online DBS #application. What did the www.gov.uk/dbs DBS do about this #breach? Are they aware of the #Abuse REVIEWS and the Southwark News publications about BIB and COVID-19. The #manager whose #witnessstatement about Merveleeconsultancy was at BIB on the 15/11//2020 by Croydon Family Magistrates Court is a #paedophile and I asked the #judge in Court on 16/4/2021 to amend the #charge. He has…