Indian Evidence Act, 1872
10. 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 11[
Government of India]
The facts that B
procured arms in Europe for the purpose of the conspiracy, C collected in
Calcutta for a like object D persuaded persons to join the conspiracy in
Bombay, E published writings advocating the object in view at Agra, and F
transmitted from Delhi to G at Kabul the money which C had collected at
Calcutta , 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.