Question

Defense by an accused person of having been elsewhere at the time an alleged offense was committed is called as

• A. Confession
• B. Plea-bargain
• C. Alibi
• D. Compounding

Hint:

Understanding the difference between an alibi and other defenses such as confession or plea-bargaining is important in legal studies.

Answer 1

The Correct Option is C

The alibi defense is used by an accused person to prove that they were not present at the scene of the alleged crime at the time it occurred. This defense aims to show that the accused could not have committed the offense due to their presence elsewhere.

Answer 2

The defense used by an accused person claiming that they were elsewhere at the time the alleged offense was committed is legally known as an Alibi.

Meaning of Alibi:
The term Alibi is derived from Latin, meaning “elsewhere.” In criminal law, it refers to a defense strategy where the accused provides evidence that they were at a different location when the crime took place and therefore could not have been involved in its commission.

Legal Relevance:
The plea of alibi is recognized under the Indian Evidence Act, 1872, particularly under Section 11, which allows for the admission of facts that are inconsistent with the fact in issue.
If an accused can successfully establish an alibi, it creates reasonable doubt about their presence at the crime scene, which can lead to acquittal.

Essential Elements to Prove Alibi:
1. The accused must prove they were physically in a different location.
2. The alternative presence must coincide exactly with the time of the alleged offense.
3. Reliable evidence, such as witnesses, surveillance footage, or travel records, must support the claim.

Burden of Proof:
While the prosecution bears the burden of proving the accused's guilt beyond a reasonable doubt, the defense of alibi must be proved by the accused with sufficient supporting evidence.

Conclusion:
When an accused person claims they were not present at the scene of the crime and supports this with credible evidence, the defense is referred to as an Alibi.

Therefore, the correct answer is: Alibi.