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3 - Relevance of Facts Showing Preparation, Motive and Conduct

The document discusses the relevance of facts showing a person's motive, preparation, and conduct in criminal and civil cases, as recognized by the Bharatiya Sakshya Adhiniyam, 2023. These facts, while not directly proving guilt, provide essential context and are admissible as circumstantial evidence to help establish intention and mindset. Important case laws illustrate the significance of these factors in supporting prosecution theories and aiding the court in forming a complete understanding of the case.

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Veena Murthy
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1K views2 pages

3 - Relevance of Facts Showing Preparation, Motive and Conduct

The document discusses the relevance of facts showing a person's motive, preparation, and conduct in criminal and civil cases, as recognized by the Bharatiya Sakshya Adhiniyam, 2023. These facts, while not directly proving guilt, provide essential context and are admissible as circumstantial evidence to help establish intention and mindset. Important case laws illustrate the significance of these factors in supporting prosecution theories and aiding the court in forming a complete understanding of the case.

Uploaded by

Veena Murthy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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3 - Relevance of Facts showing preparation, motive

and conduct
📘 Introduction

In criminal and civil cases, facts that show a person's motive, preparation, and
conduct are important to understand the intention and mental state behind an act.
These facts may not directly prove the crime or act but are relevant circumstances
that help the court draw logical inferences.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), in its relevant sections,


recognizes such facts as admissible evidence.

📜 Relevant Provisions under BSA, 2023

1. Section 6 – Facts forming part of the same transaction.


2. Section 8 – Facts showing motive, preparation, and conduct are relevant
when they influence or are influenced by any fact in issue or relevant fact.

🔍 1. Motive

 Motive is the reason why a person would commit a crime.


 Though motive alone does not prove guilt, it supports the prosecution's
theory and gives context.

🔹 Example: A person with a strong financial debt may have a motive to kill for
insurance money.

🔧 2. Preparation

 Preparation includes all steps taken before committing an act.


 It shows intention and planning, which supports the prosecution’s case.

🔹 Example: Purchasing a weapon or poison before a murder.

🧍 3. Conduct

 Conduct before or after the event is relevant if it helps connect the person to
the act.
 Includes flight from the scene, hiding evidence, or confessing.

🔹 Example: An accused absconding after the crime may indicate a guilty mind.
⚖️Evidentiary Importance

 These facts are circumstantial evidence, which help in establishing guilt


when direct evidence is lacking.
 The court must ensure these facts are clearly connected with the facts in
issue.

🧾 Important Case Laws

1. Subramaniam Swamy v. Union of India (2016)

The Supreme Court held that motive, though not always essential, becomes
relevant especially in cases based on circumstantial evidence.

2. Nathuni Yadav v. State of Bihar (1998)

The Court observed that conduct of the accused, such as fleeing the crime scene
or giving false information, is relevant under the law and can corroborate other
evidence.

✅ Conclusion

Under BSA, 2023, facts showing motive, preparation, and conduct are crucial in
determining the mindset and intention of the parties involved. Though they may not
directly prove the offence, they are admissible and relevant in helping the court
form a complete picture of the case. When supported by other evidence, they play a
vital role in securing justice.

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