Bharatiya Sakshya Adhiniyam, 2023
BSA Section 8
Things said or done by conspirator in reference to common design
In one line
BSA Section 8 deals with things said or done by conspirator in reference to common design and replaces Evidence Act 10.
Bare act text — BSA 8
8. Things said or done by conspirator in reference to common design.
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 State. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Kolkata for a like object, D persuaded persons to join the conspiracy in Mumbai, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Singapore the money which C had collected at Kolkata, 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.
What changed from the Evidence Act
- Evidence Act 10 → BSA 8: No change except in illustrations, "Government of India" is replaced by "State", and city names are changed from Calcutta to Kolkata, Bombay to Mumbai, and Kabul to Singapore.
Frequently asked
What was BSA Section 8 in the Evidence Act?
BSA Section 8 (Things said or done by conspirator in reference to common design) replaces Section 10 of the Indian Evidence Act, 1872. Evidence Act 10 is now BSA 8.
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Nearby BSA sections
- BSA 3 — Evidence may be given of facts in issue and relevant facts
- BSA 4 — Relevancy of facts forming part of same transaction
- BSA 5 — Facts which are occasion, cause or effect of facts in issue or relevant facts
- BSA 6 — Motive, preparation and previous or subsequent conduct
- BSA 7 — Facts necessary to explain or introduce fact in issue or relevant facts
- BSA 9 — When facts not otherwise relevant become relevant
- BSA 10 — Facts tending to enable Court to determine amount are relevant in suits for damages
- BSA 11 — Facts relevant when right or custom is in question
- BSA 12 — Facts showing existence of state of mind, or of body or bodily feeling
- BSA 13 — Facts bearing on question whether act was accidental or intentional
