Section 8 BSA 2023: Things Said or Done by Conspirator in Reference to Common Design

Section 8 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the relevancy of acts, statements and writings of persons believed to be acting together in a conspiracy. When the statutory conditions are satisfied, such material may become relevant against each person believed to be part of the conspiracy.

Current law: The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023) came into force on 1 July 2024. Section 8 corresponds substantially to Section 10 of the Indian Evidence Act, 1872.

Text of Section 8 of the Bharatiya Sakshya Adhiniyam, 2023

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.

Illustration.

Reasonable 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.

Meaning and Scope of Section 8 BSA

The provision creates a rule of relevancy for evidence connected with a common conspiratorial design. It applies when there is a reasonable ground to believe that at least two persons have conspired together to commit an offence or an actionable wrong. Once that threshold is met, a statement, act or writing by one conspirator may be relevant against the others if it relates to their common intention and falls within the period contemplated by the section.

The section is concerned with relevancy of evidence. It does not by itself declare that every statement made by one accused automatically proves the guilt of another. The court must first consider whether the statutory foundation for applying Section 8 has been established and must assess the evidence in the context of the case.

Essential Requirements of Section 8

Two or more persons: There must be reasonable ground to believe that two or more persons conspired together.
Object of the conspiracy: The alleged common design must concern the commission of an offence or an actionable wrong.
Statement, act or writing: The provision covers anything said, done or written by a person believed to be a conspirator.
Connection with common intention: The statement, act or writing must be in reference to the common intention of the conspirators.
Relevant period: The material must arise after the time when the common intention was first entertained by any one of the conspirators, as stated in the section.
Purpose of relevancy: Such evidence may be used to prove the existence of the conspiracy and to show that a person was a party to it.

Section 8 BSA and Section 10 of the Indian Evidence Act, 1872

Current provision	Earlier corresponding provision
Section 8, Bharatiya Sakshya Adhiniyam, 2023	Section 10, Indian Evidence Act, 1872
Things said or done by conspirator in reference to common design	Things said or done by conspirator in reference to common design

The subject and core rule of Section 8 BSA substantially continue the earlier rule contained in Section 10 of the Indian Evidence Act, 1872. Older judicial decisions interpreting Section 10 may therefore remain important for understanding the principles governing conspiracy evidence, subject to the text and scheme of the Bharatiya Sakshya Adhiniyam, 2023 and the facts of each case.

Practical Effect of the Provision

In a conspiracy case, direct evidence of an express agreement may not always be available. Section 8 permits the court, after the required foundational threshold is met, to consider acts, communications and writings connected with the common design. The provision is therefore particularly relevant where the alleged conspiracy is sought to be established through a connected course of conduct and communications among several persons.

The illustration to Section 8 shows the breadth of the rule: different conspirators may perform different acts in different places, yet those acts can become relevant to prove the existence of the conspiracy and the participation of a person believed to be a conspirator.

Official legal sources

Related sections: Read Section 7 BSA and Section 9 BSA for the immediately preceding and following provisions on relevancy of facts.