IEA 10 to BSA 8: Things said or done by conspirator in reference to common design
Section 10 IEA (1872) replaced by Section 8 BSA (2023)
IEA 10 to BSA 8 at a Glance
Section 10 IEA (Things said or done by conspirator in reference to common design) is now Section 8 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 10 to BSA 8?
Section 10 of the Indian Evidence Act, 1872 became Section 8 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. In the illustration, "Government of India" reads "State", and the places are Kolkata, Mumbai and Singapore in place of Calcutta, Bombay and Kabul.
IEA 10 vs BSA 8: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 10 | 8 |
| Heading | Things said or done by conspirator in reference to common design | Same |
IEA 10 and BSA 8: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 10, IEA 1872
10. 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.
Illustrations
Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government of India.
The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money 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.
BSA 2023 (in force)
Section 8, BSA 2023
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.
When It Applies: IEA 10 vs BSA 8
Under IEA 10
- There is a reasonable basis for believing that two or more people plotted together to commit a crime or a civil wrong.
- One of the conspirators speaks, acts, or writes something connected to their shared plan.
- The statement, act, or writing happens after at least one conspirator first formed the shared intention.
- A party seeks to prove that the conspiracy existed or that a specific person was part of it, even if that person did not know the co-conspirator or joined later or left earlier.
Under BSA 8
- There is a reasonable basis for believing that two or more people plotted together to commit a crime or a civil wrong.
- One of the conspirators speaks, acts, or writes something connected to their shared plan.
- The statement, act, or writing happens after at least one conspirator first formed the shared intention.
- A party seeks to prove that the conspiracy existed or that a specific person was part of it, even if that person did not know the co-conspirator or joined later or left earlier.
What IEA 10 to BSA 8 Means in Practice
The same rule applies under Section 8 BSA as under Section 10 IEA, with no substantive change. A party or witness should cite Section 8 BSA for matters governed by the BSA. Only the illustration was updated, replacing Government of India with State and replacing Calcutta, Bombay, and Kabul with Kolkata, Mumbai, and Singapore.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·