Evidence Act, 1872, Section 10

Evidence Act, 1872—Section 10—Applicability of—Held, in the case of Saju v. State of Kerala reported in (2001) 1 SCC 378, this Court explained the principles of Section 10 of the Evidence Act, as follows:-

“Evidene Act, 1872 – Sec.10 – Condition for applicability of

Act or action of one of the accused cannot be used as evidence against the other. However, an exception has been carved out under Section 10 of the Evidence Act in the case of conspiracy. To attract the applicability of Section 10 of the Evidence Act, the court must have reasonable ground to believe that two or more persons had conspired together for committing an offence. It is only then that the evidence of action or statement made by one of the accused could be used as evidence against the other.”


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