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PLEA OF ALIBI IN PAKISTAN:

When a criminal case is made out against someone, then the accused can take a plea that he was somewhere else at the time and date of the occurrence of the crime. This plea acts as a defense for the accused. When an accused takes a plea that at the date and time of the occurrence of the crime, he was somewhere else, it is called a plea of alibi. The word “alibi” is a Latin word that means “somewhere else.” The accused has the right to take the plea of alibi in Pakistan.

BURDEN OF PROOF:

The burden of proof for the plea of alibi in Pakistan is on the shoulders of the person taking it. This means that if an accused takes this plea that he was not present at the date and time of the occurrence of the crime, then it is the responsibility of the accused to prove it. The proof of this plea can be in any mode. He has to give proper evidence, which can also be accepted in the court if the accused takes this plea.

WHO CAN TAKE THIS DEFENSE:

A person who is accused can take this plea of alibi in Pakistan. If a person is accused of something, then they only need to take this plea. If a person is not even accused of any crime, then he doesn’t have to take any such plea, and he doesn’t need to give any justification.

PLEA OF ALIBI AT BAIL STAGE:

The plea of alibi in Pakistan can also be taken at a bail stage. The rule to take this plea is that a person who is taking this plea should take it in the first instance. If in the first instance when he is accused of a crime he has not taken this plea,then he cannot take this plea later on. For example, if a person has been accused of committing theft in Lahore, but at the time of his arrest or at the bail stage, he did not say that he was in Karachi at such date and time, then he cannot take this plea at the challan stage, which is submitted months later of his arrest.

COVER ENTIRE TIME:

If an accused claims that he was not present at the time and date of the place of occurrence of the crime and he was somewhere else, then the place where he claims to be should be far enough to understand that he cannot be logically present at the place of offense. For example, if a theft happens in Lahore and a person claims that he was in Multan at that time and date, then it makes sense that it cannot be logically possible for the accused to be there, but if the accused says that he was at a place only 5 km away from the place of offense, then there is a possibility that the accused could be there at the time of the offense.

FOR CHILD ILLEGITIMACY:

In the cases of child illegitimacy, also a plea of alibi is relevant. For example, if the husband is in the UAE and the child is born after three years, then according to this plea, the child was illegitimate.

Read our other blogs on court marriage in Pakistan, divorce procedure in Pakistan, unmarried certificates in Pakistan, and talaq procedure in Pakistan.

You may also contact our law firm in Lahore for any legal advice.