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BSA · Section 8 · Chapter II — RELEVANCY OF FACTS

Things said or done by conspirator in reference to common design.

What this section does

Where there is reasonable ground to believe that two or more persons conspired together to commit an offence or actionable wrong, anything said, done, or written by any one conspirator in reference to their common intention — after the intention was first entertained by any one of them — is relevant against each alleged conspirator, both to prove the conspiracy and to show that a particular person was a party to it.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Acts, statements, or writings of any co-conspirator in furtherance of a common design are relevant against all alleged conspirators.

When it applies

  • Arms procured in Europe by one conspirator, money collected in Kolkata by another, and writings published in Agra by a third are all relevant against A who joined the conspiracy, even if A was ignorant of those specific acts.
  • A letter written by one conspirator describing the conspiracy is relevant against all members even if written before or after a particular member joined.

Practitioner note

The threshold is 'reasonable ground to believe' a conspiracy exists — the section itself is the basis for admitting co-conspirator statements; see Mirza Akbar v. Emperor and Sardul Singh Caveeshar v. State of Bombay.

Old-law correspondence

Derived from IEA s.10.

Read the official text

For the binding statutory text of BSA Section 8, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 8 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.