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Supreme Court of India· 18 September 2026

Must a conviction on circumstantial evidence rest on a complete chain of circumstances excluding every hypothesis except the guilt of the accused?

KARTIKA @ KIRTAN @ v. THE STATE OF ODISHA
2026 INSC 1015
Coram: Justice M.M. Sundresh · Justice Prasanna B. Varale
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Answer

A conviction on circumstantial evidence must rest on a complete chain of circumstances excluding every hypothesis except the guilt of the accused.

Yes. A conviction on circumstantial evidence must rest on a complete chain of circumstances excluding every hypothesis except the guilt of the accused. The circumstances from which guilt is drawn must be fully established, consistent only with the hypothesis of guilt, of a conclusive nature, and must together leave no reasonable ground for any conclusion consistent with innocence.

Headnote

Indian Penal Code, 1860 — s.302 — s.149 — Murder — Circumstantial evidence — Eyewitness identification — Benefit of doubt — Evidence Act, 1872 — Night-time eyewitness identification — Held: Identification of an assailant cannot be relied upon where it rests only on the sound of assault on a pitch-dark night. Where only the accused carried the torch light, the witnesses could not have identified anybody by it. (¶19, 21) Evidence Act, 1872 — Circumstantial evidence — Panchsutra test — Held further: A conviction on circumstantial evidence must rest on a complete chain of circumstances excluding every hypothesis except the guilt of the accused. Each circumstance must be fully established, consistent only with the hypothesis of guilt, and of a conclusive nature. (¶23) Evidence Act, 1872 — Circumstantial evidence — Individual proof of each circumstance — Held further: Each circumstance relied on in a case resting on circumstantial evidence must be proved individually before the circumstances can collectively point to the guilt of the accused. The circumstance of identification, once discarded, cannot be treated as proved. (¶31, 32) Criminal jurisprudence — Benefit of doubt — Two reasonable views — Held further: Where two views are reasonably possible on the evidence, criminal jurisprudence requires the view favourable to the accused to prevail. The prosecution having failed to establish a complete chain, the appellants are entitled to the benefit of doubt; appeals allowed. (¶33, 34, 35)

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In the Court's own words
Paragraph 23Though the law regarding circumstantial evidence has been crystallised by this Court in various judgments but it will not be out of place to refer to an oftenly quoted judgment of this Court in Sharad Birdhichand Sarda v. State of Maharashtra[^3], wherein this Court has observed a “panchsutra” for dealing with the cases of circumstantial evidence. These are as follows:
Paragraph 33Viewed cumulatively, the prosecution has failed to establish a complete and consistent chain of circumstances excluding every hypothesis other than the guilt of the appellants. The evidence on record leaves substantial gaps which create a reasonable doubt as to their involvement. In criminal jurisprudence, where two views are reasonably possible, the one favourable to the accused must prevail.
Acts & Sections
s.302 Indian Penal Code, 1860s.149 Indian Penal Code, 1860s.148 Indian Penal Code, 1860s.506 Indian Penal Code, 1860

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Also decided in this judgment
Can identification of an assailant be relied upon where it rests only on the sound of assault on a pitch-dark night?Must each circumstance in a case of circumstantial evidence be proved individually before circumstances can collectively prove guilt?Does the view favourable to the accused prevail in criminal jurisprudence where two views are reasonably possible on the evidence?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections