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 be 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.
Illustration
Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the 11[ Government of India]
The facts that B procured arms in Europe for the purpose of the conspiracy, C collected in Calcutta for a like object D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta , and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A’s complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.
Simplified Explanation
Section 10 of the Indian Evidence Act, 1872 deals with the admissibility of evidence in cases of conspiracy. It allows the court to consider statements, actions, and other evidence related to the common design or plan of conspirators, even if these actions or statements were made by someone other than the accused. This section is crucial in proving the involvement of individuals in a conspiracy.
Text of Section 10:
“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 be 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.”
Explanation:
- Conspiracy: A conspiracy involves two or more persons agreeing to commit an illegal act or a legal act by illegal means. This section applies when there is reasonable ground to believe that a conspiracy exists.
- Common Design: The section refers to the “common intention” or plan that the conspirators share. Any act, statement, or writing by any conspirator that relates to this common design is considered relevant.
- Relevance to All Conspirators: Once a conspiracy is established, anything said or done by one conspirator in furtherance of the conspiracy is admissible as evidence against all the conspirators. This includes acts or statements made by one conspirator even if the other conspirators were not present or directly involved in that particular act or statement.
- Time Frame: The evidence is relevant if it pertains to the period after the conspirators first formed their common intention. The section does not cover actions or statements made before the conspiracy was formed.
Example:
Suppose A, B, and C conspire to rob a bank.
- Common Design: The common design or intention is the plan to rob the bank.
- Statements and Actions: A few days before the robbery, B writes a letter to C detailing the plan and the role each person will play. On the day of the robbery, A purchases tools needed for the break-in, and C communicates with a getaway driver to coordinate the escape.
- Relevance: If A is caught and tried for the robbery, the letter written by B to C, the purchase of the tools by A, and C’s communication with the getaway driver are all relevant facts under Section 10. These acts and statements by B and C can be used as evidence against A, even though A may not have directly participated in those specific actions.
- Connection to All Conspirators: The court can consider these acts and statements as evidence of the existence of the conspiracy and of A’s involvement in it, even if A was not directly involved in writing the letter or coordinating the getaway.
Significance:
Section 10 is significant in conspiracy cases because it allows the court to consider the collective actions and statements of all conspirators as evidence against each one of them. This helps in proving the existence of a conspiracy and the involvement of each conspirator, even if they did not personally carry out every part of the plan. The section ensures that all aspects of the conspiracy can be considered, making it easier to establish the guilt of those involved in complex criminal activities.
