Section 8 BSA: Things said or done by conspirator in reference to common design
Bharatiya Sakshya Adhiniyam, 2023
Section 8 BSA at a Glance
Section 8 BSA deals with things said or done by conspirator in reference to common design. It replaced Section 10 IEA on 1 July 2024.
Section 8 BSA Bare Act Text
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.
IllustrationReasonable 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.
Source: Section 8, Bharatiya Sakshya Adhiniyam, 2023
Section 8 BSA in Simple Words
Section 8 of the Bharatiya Sakshya Adhiniyam, 2023, which applies from 1 July 2024, lets a party rely on the statements, actions, or writings of one conspirator as a relevant fact against every other person believed to be in the conspiracy. The rule covers conspiracies to commit either an offence or an actionable wrong (a civil wrong for which a lawsuit lies).
For Section 8 BSA to apply, there must first be a reasonable basis for believing that two or more people plotted together. When that basis exists, any spoken word, act, or document by one member regarding their shared intention is relevant against each member. It is relevant both to establish the conspiracy and to show that a particular person took part in it.
The statement, act, or writing must take place after at least one member first formed the common intention. As the illustration to the Adhiniyam shows, such facts are relevant against a conspirator even if that conspirator knew nothing of them, did not know the person who carried them out, or joined the plot later or left it earlier.
When Section 8 BSA Applies
- 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.
Example of Section 8 BSA
When Section 8 BSA Does Not Apply
- The rule does not apply unless there is first a reasonable basis for believing that two or more people plotted together to commit a crime or a civil wrong.
- A statement, act, or writing by a conspirator is not covered if it has no connection to the shared plan of the group.
- Words, actions, or writings that took place before any member of the group first formed the shared intention are outside the rule.
Section 8 BSA in the IEA (Previous Law)
Section 8 BSA replaces Section 10 IEA from the old criminal code.
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.
FAQs on Section 8 BSA
What is Section 8 BSA?▼
Section 8 of the Bharatiya Sakshya Adhiniyam, 2023 makes statements, actions, or writings by one conspirator regarding a shared plan relevant against all persons believed to be conspiring together. It applies when there is a reasonable basis to believe two or more people plotted an offence or an actionable wrong. Such facts are relevant both to prove the conspiracy and to show that a person took part in it.
Can a letter written by a stranger co-conspirator be relevant against an accused person under Section 8 BSA?▼
Yes. Under the illustration to Section 8 BSA, a letter giving an account of the conspiracy in reference to the shared plan is relevant against a conspirator even if the writer was a stranger and the conspirator knew nothing about the letter.
Does Section 8 BSA cover acts that happened before a member joined or after a member left the plot?▼
Yes. Provided the act took place after any one of the conspirators first formed the shared intention, it remains relevant against a member who joined the conspiracy later or left it earlier.
Does Section 8 BSA apply to civil wrongs as well as crimes?▼
Yes. The Adhiniyam applies where two or more persons conspire to commit either an offence or an actionable wrong.
What is Section 8 BSA in IEA?▼
Section 10 IEA. Section 8 BSA replaced Section 10 IEA on 1 July 2024 with the same rule, updating only the illustration to refer to the State and to Kolkata, Mumbai, and Singapore in place of Government of India, Calcutta, Bombay, and Kabul.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·