8. 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.
Bharatiya Sakshya Adhiniyam, 2023
Section 1 Short title, application and commencement
Section 3 Evidence may be given of facts in issue and relevant facts
Section 4 Relevancy of facts forming part of same transaction
Section 5 Facts which are occasion, cause or effect of facts in issue or relevant facts
Section 6 Motive, preparation and previous or subsequent conduct
Section 7 Facts necessary to explain or introduce fact in issue or relevant facts
Section 8 Things said or done by conspirator in reference to common design
Section 9 When facts not otherwise relevant become relevant
Section 10 Facts tending to enable Court to determine amount are relevant in suits for damages