Question

Which condition must be satisfied for things said or done by one conspirator to be admissible against another under the Bharatiya Sakshya Adhiniyam, 2023?

• A. The statement must be made after the conspiracy has ended
• B. The statement must involve unrelated matters of personal benefit
• C. There must be reasonable ground to believe a conspiracy exists
• D. There must be proof that each conspirator personally committed the act

Hint:

Co-conspirator evidence becomes admissible only after conspiracy is prima facie established.

Answer 1

The Correct Option is C

Step 1: Understanding admissibility in conspiracy cases.
Under the new Bharatiya Sakshya Adhiniyam (replacing the Evidence Act), acts and statements of co-conspirators are admissible only when a prima facie conspiracy is shown.
Step 2: Key requirement.
The court must be satisfied that reasonable grounds exist to believe that a conspiracy was formed. Only then can statements of one conspirator be used against others.
Step 3: Conclusion.
Thus, the essential condition is establishing reasonable grounds for believing that a conspiracy exists.