Section 10 IEA: Things said or done by conspirator in reference to common design
Indian Evidence Act, 1872
Section 10 IEA at a Glance
Section 10 IEA deals with things said or done by conspirator in reference to common design. From 1 July 2024 it is replaced by Section 8 BSA.
Section 10 IEA Bare Act Text
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.
IllustrationsReasonable 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.
Source: Section 10, Indian Evidence Act, 1872
Section 10 IEA in Simple Words
Section 10 of the Indian Evidence Act, 1872 lets a party use the words, actions, or writings of one conspirator as a relevant fact against every other person believed to be part of the same conspiracy. It applies to plots to commit either a criminal offence or an actionable wrong (a civil wrong that can be sued upon in court).
Before Section 10 IEA applies, there must be a reasonable basis for believing that two or more persons conspired together. Once that threshold is met, any spoken statement, action, or writing by one member of the group relating to their shared plan becomes relevant against every member. It can be used both to prove that the conspiracy existed and to show that a specific person was part of it.
The act, statement, or writing must have occurred after at least one conspirator first formed the shared intention. As the illustration to the Act shows, it remains relevant against a conspirator even if that person did not know about the act, did not know the co-conspirator who did it, or joined the plot after the act happened or left before it took place.
When Section 10 IEA 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 10 IEA
When Section 10 IEA 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 10 IEA in the BSA
Section 10 IEA is now covered under Section 8 BSA.
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.
View detailed comparison (IEA 10 vs BSA 8) →FAQs on Section 10 IEA
What is Section 10 IEA?▼
Section 10 of the Indian Evidence Act, 1872 makes things said, done, or written by one conspirator in relation to a shared plan relevant against every person believed to be in the conspiracy. It applies where there is a reasonable basis for believing that two or more people conspired to commit an offence or a civil wrong. The evidence is relevant both to prove the conspiracy and to show who was a party to it.
Does Section 10 IEA apply if a conspirator did not know the co-conspirator who did the act?▼
Yes. Under the illustration to Section 10 IEA, an act or writing in reference to the shared plan is relevant against a conspirator even if that person was ignorant of the act and the co-conspirator who did it was a stranger.
Are acts done before a person joined the conspiracy relevant under Section 10 IEA?▼
Yes. As long as the act happened after any one of the conspirators first formed the common intention, it is relevant even if it took place before a particular conspirator joined the plot or after that conspirator left it.
Does Section 10 IEA apply only to criminal cases?▼
No. Section 10 IEA applies where two or more people conspire to commit either an offence or an actionable wrong (a civil wrong that can be sued upon).
What is Section 10 IEA in BSA?▼
Section 8 BSA. It replaced Section 10 IEA on 1 July 2024 with no substantive change to the rule, while updating the illustration to refer to the State and to Kolkata, Mumbai, and Singapore.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·