Landmark Judgments

Badri Rai Vs. State of Bihar, AIR 1958 SC 953 (Statement during conspiracy -Relevant)


Badri Rai Vs. State of Bihar, AIR 1958 SC 953 (Statement during conspiracy -Relevant)

In, this case where the two accused met on the road a police inspector who was conducting an investigation against one of them in a criminal case, and asked the inspector to hush up (suppress) the case for valuable consideration. A few days later, the other accused met the inspector at the police station and offered a packet of Rs 500 saying that the accused, against whom investigation was pending, had sent the money for hushing up the case. The two accused were charged with the offence of conspiracy to bribe the police officer. The question that arose was whether the statement of one accused at the police station was relevant against the other. It was held that (i) the evidence of the conversation on the road showed that there were prima facie grounds for believing that the accused had entered into a conspiracy to commit the offence, and (ii) therefore, under Section 10 (Section 8 of the Bharatiya Sakshya Adhiniyam, 2023), the statement made by one of them, in execution of the conspiracy, would be relevant against the other.