Bhagwan Swarup v. State of Maharashtra [1965 SC]

Case Law on section 10 of Evidence Act

The Supreme Court analyzed the section as follows:-

“(1) There shall be a prima facie evidence affording a reasonable ground for a Court to believe that two or more persons are members of a conspiracy;

(2) if the said condition is fulfilled, anything said, done or written by any one of them in reference to their common intention will be evidence against the other;

(3) anything said, done or written by him should have been said, done or written by him after the intention was formed by any one of them;

(4) it would also be relevant for the said purpose against another who entered the conspiracy whether it was said, done or written before he entered the conspiracy or after he left it; and

(5) it can only be used against a co-conspirator and not in his favour.”