Bare Text of Section 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.
Statements or Acts of Conspirators
The section 10 of IEA covers the acts, deeds, or statements made by any one of the conspirators that are relevant to the conspiracy. These statements or actions become relevant and can be used as evidence not only to prove the conspiracy but also to show the involvement of each conspirator in the scheme.
In simpler terms, if a group of people is involved in a conspiracy, any statement or action made by one member that furthers the conspiracy will be considered as evidence against all members of that conspiracy, even if those members were not directly involved in that specific action or statement.
This provision helps prove the existence of a conspiracy and the involvement of each person in the conspiracy. Even if the evidence does not directly link each conspirator to the specific crime, acts or statements made by others involved in the conspiracy can be used to establish a pattern of collective involvement.
Common Intention and Agency. Section 10 is based on the principle that when individuals conspire together, each one is seen as an agent of the others for the purpose of executing the conspiracy. Therefore, anything done in furtherance of the common conspiracy by one conspirator can be attributed to all.
Examples
- In a terrorist conspiracy case, one member of the group might say over the phone, “We need to acquire the weapons today,” which would be admissible under Section 10 as evidence of the conspiracy. Even if another conspirator was not part of the conversation but was involved in the overall plan, this statement can be used against them.
- Drug Trafficking Conspiracy. Suppose two individuals are involved in smuggling drugs. One person arranges the shipment and sends a message confirming the arrangement, such as, “The drugs will be at the border by tomorrow. Prepare for delivery.” This message can be used as evidence to prove the conspiracy, showing that the second conspirator was part of the plan.
Landmark Case Laws
- State v. Nand Kishore, AIR 1953 SC 470
The Supreme Court in this case held that the statements or actions made by any conspirator in relation to the conspiracy were admissible under Section 10, even if the statements were made outside the direct knowledge of some of the conspirators. It reiterated that statements made in furtherance of the conspiracy, whether spoken or done, could be used against all members of the conspiracy. - Emperor v. Abani, 1931
In this case, the court clarified the meaning of “common intention” within a conspiracy and upheld that any statement or act performed by a conspirator, aimed at fulfilling the common objective, would be deemed relevant. Statements made during the conspiracy, even by someone not present during the commission of a particular act, would be admissible. - R v. Abdul Rauf, 1970
This case involved multiple conspirators charged with smuggling. The court ruled that evidence presented by one conspirator that was related to the conspiracy could be used as evidence against others. This case reinforced the importance of Section 10 in criminal trials involving conspiracies.
| Concept | Explanation | Example |
|---|---|---|
| Common Design | The shared plan or goal of the conspirators to commit an illegal act. | A group planning a robbery. |
| Things Said or Done | Any statement or action by one conspirator in furtherance of the conspiracy, used as evidence for all conspirators. | A phone call confirming the date of a planned robbery. |
| Relevance to All | Statements or actions made during the conspiracy are admissible as evidence against all conspirators involved. | A statement about the conspiracy being used against all conspirators. |
