Section 8 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 8 of the Bharatiya Sakshya Adhiniyam, 2023 — “Things said or done by conspirator in reference to common design”
📜 Text of Section 8
“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.”
🧩 Interpretation & Purpose
Applies once there's reasonable ground to believe a conspiracy exists.
Everything said, written, or done by any conspirator—in furtherance of the common intention, and after formation of the plan—is admissible not only to establish the conspiracy but also to connect each conspirator to it.
Based on the implied agency theory: each conspirator acts as an agent for the conspiracy as a whole. (thelegalquotient.com)
This mirrors the old Evidence Act's Section 10, with no substantive changes, though controversies around its temporal scope (i.e., whether actions after conspiracy ends are included) remain. (theindiaforum.in)
🔍 Illustrative Example
Suppose A, B, C, D, E and F conspire to wage war against the State. Their roles might include:
B acquiring arms overseas;
C raising funds locally;
D recruiting supporters;
E publishing propaganda;
F transferring funds internationally;
H writing about the plot in a letter.
Once there's a reasonable ground to suspect A’s involvement, all these acts—regardless of whether A directly performed them—are admissible against A, to
(1) prove a conspiracy existed,
(2) demonstrate A’s membership in it (thelegalquotient.com, kanoongpt.in, scribd.com).
🆚 Comparison with Indian Evidence Act 1872
| Aspect | Evidence Act (S. 10) | BSA Section 8 |
|---|---|---|
| Text & Scope | Similar in language and intent | Largely identical |
| Legal Theory | Conspirator’s acts attribute to others | Same implied-agency principle |
| Temporal Debate | Dispute on whether post-conspiracy acts count | Debate continues; BSA retained ambiguity |
| Intention Formation | Acts after intention first emerges only | Same timing requirement emphasized |
🚨 Key Caveats
The section applies only after there's “reasonable ground” to suspect conspiracy.
Only actions that further the common intention count—irrelevant acts are inadmissible.
The requirement that such acts be post-intention formation is crucial.
Once the conspiracy ends (it’s abandoned or achieved), Section 8 no longer applies. (thelegalquotient.com)
✅ Summary
Section 8 empowers courts to use actions or statements by one conspirator to implicate all members, reinforcing accountability in cases of collective wrongdoing. It preserves existing legal practice from the colonial-era Evidence Act, including debates on its exact temporal ambit, ensuring that conspiracies can be pieced together even if no single conspirator is directly aware of all components.
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