Statements of Co-Conspirators Under the BSA (Section 8): Evidence Act 10 Mapping (2026)

Explainer · BSA · Evidence Law

Updated for 2026 · Claw Editorial

A conspiracy is usually planned in secret, so the law needs a way to prove it from the acts and words of the people involved. The rule is that, once there is reasonable ground to believe a conspiracy exists, what one conspirator says or does in furtherance of the common plan can be used against all of them. Under the new law this rule is in Section 8 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced Section 10 of the old Indian Evidence Act, 1872 from 1 July 2024. It is a rule of evidence, not an offence, so it carries no punishment. Last verified October 2026.

01Why the rule exists

A conspiracy is an agreement to do an unlawful thing, and by its nature it is made in private. Direct proof is rare. The participants rarely sign a document, so the case is built from what each of them said and did while the plan was alive.

The rule allows that. Once the court is satisfied that there is reasonable ground to believe a conspiracy exists, the acts and words of one conspirator, done in reference to the common design, become relevant against the others. This is an exception to the normal rule that a person is bound only by their own statements, and it is what makes a conspiracy provable.

People searching "section 10 evidence act in bsa", "conspiracy evidence bsa", or "bsa 24" are looking for this rule.

02What Section 8 covers

Under Section 8 of the BSA, 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 them in reference to their common intention is a relevant fact against each of them. It can be used both to prove that the conspiracy existed and to show that a particular person was a party to it.

Two points matter in practice:

• A threshold must be crossed first. There must be reasonable ground to believe the conspiracy exists before the acts and words of one are used against the others. This threshold is the safeguard built into the rule.
• It must be in reference to the common intention. The statement or act must relate to the common design and must fall within the life of the conspiracy. A later narrative or confession, made after the plan has ended, is generally not covered.

03Section 10 Evidence Act to the BSA

The conspiracy rule, which was Section 10 of the Indian Evidence Act, 1872, is now Section 8 of the BSA. The substance is carried forward. The change is in the numbering, not in the core rule.

So if you are searching for "section 10 evidence act in bsa", the answer is Section 8.

04A warning on the number 24

Do not confuse the conspiracy rule with Section 24 of the BSA. In the BSA, Section 24 is a different provision. It deals with how a proved confession by one accused can be considered against a co-accused who is being tried jointly for the same offence. That was Section 30 of the old Evidence Act.

The two are easy to mix up because both can let the words of one person affect another, but they work differently:

• Section 8 (old Section 10): acts and words of a conspirator, in reference to the common design, are relevant against the others once a conspiracy is reasonably believed to exist.
• Section 24 (old Section 30): a confession already proved against one accused may be taken into consideration against a co-accused jointly tried for the same offence. A confession of a co-accused is weaker support, not substantive proof on its own.

Always confirm the section before you draft. For the related rule on confessions to the police, see when a confession to police cannot be used.

05How courts apply it

The courts have read the rule with care, because it is a strong exception.

• The threshold is checked first. There must be reasonable ground to believe a conspiracy exists before the acts of one are used against the others.
• Timing is key. Only things said or done while the common intention was operating are covered. A statement made after the conspiracy has ended, such as a later confession pointing a finger at others, does not fall within the rule.
• It proves participation. The rule can be used both to establish the conspiracy and to show that a particular person joined it, even if that person did not know of every act of the others.

For the wider set of changes, see the key changes from the Evidence Act to the BSA.

06Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A conspiracy case stands or falls on timing: when the common design was alive, and which words and acts fall inside it. Courts settle that on the facts, order after order, so the law you need is in the judgments. Claw lets you reach it quickly. A search runs across more than 30 crore judgments, reaching back to Supreme Court rulings from 1950 and High Court rulings from 1990, and returns in under 5 seconds, so you can see how Section 8 and the old Section 10 have been applied, filtered by section, party, or advocate. A live matter can be followed across 9,102 courts, benches and forums, keeping its orders and hearings in view. See case search across Indian courts.

Create a free Claw account to search this case law and track a conspiracy matter by party or advocate name. Claw does not use customer case documents to train AI models, and it is a research and tracking tool, not a replacement for legal advice.

07Sources and further reading

• India Code (official text of the Bharatiya Sakshya Adhiniyam, 2023): indiacode.nic.in
• Ministry of Home Affairs (the new criminal laws): mha.gov.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The new criminal laws are still being read and applied by the courts, so check the current text of the BSA and take advice from counsel before you rely on a provision.

08Frequently asked questions