Section 8 of Indian Evidence Act : Motive preparation and previous or subsequent conduct
Motive
Section 8 of Indian Evidence Act – The motive of a person is the reason why they do something. In the context of criminal law, motive is not an element of the crime, but it can be relevant evidence in a criminal case. This is because motive can help the court to understand why the accused committed the crime and to assess the credibility of their defense.
For example, in a murder case, the motive of the accused may be revenge, jealousy, or financial gain. If the court can establish the motive of the accused, it may be more likely to believe that the accused committed the crime.
Preparation
Preparation is the act of making arrangements or taking steps to do something. In the context of criminal law, preparation is relevant evidence because it can show that the accused intended to commit the crime.
For example, in a robbery case, the fact that the accused purchased a gun and a mask shortly before the robbery may be relevant evidence of their preparation for the crime.
Previous or subsequent conduct – Section 8 of Indian Evidence Act
Previous or subsequent conduct is any conduct by the accused before or after the crime that is relevant to the crime. This can include statements made by the accused, actions taken by the accused, and evidence found in the accused’s possession.
Previous or subsequent conduct can be relevant evidence because it can show the accused’s motive, preparation, or knowledge of the crime. It can also show the accused’s consciousness of guilt or innocence.
For example, in a murder case, the fact that the accused threatened to kill the victim before the murder may be relevant evidence of their motive. The fact that the accused fled the scene of the crime after the murder may be relevant evidence of their consciousness of guilt.
Significance of motive, preparation and previous or subsequent conduct – Section 8 of Indian Evidence Act
Motive, preparation and previous or subsequent conduct are important pieces of evidence in criminal cases. This is because they can help the court to understand the circumstances of the crime and to assess the credibility of the accused’s defense.
Notes for Judicial Exam – Section 8 of Indian Evidence Act
- It is important to be familiar with the concepts of motive, preparation and previous or subsequent conduct.
- Motive, preparation and previous or subsequent conduct are relevant evidence even if they are not directly in issue in the case.
- The court has the discretion to decide whether motive, preparation and previous or subsequent conduct is relevant to the case.
- When deciding whether motive, preparation and previous or subsequent conduct is relevant, the court should consider the following factors:
- Is the fact connected to a fact in issue?
- Is the fact likely to help the court to understand the context of the case or to assess the evidence fairly?
Here are some case laws on section 8 of Indian Evidence Act, 1872, which deals with the relevancy of motive, preparation and previous or subsequent conduct:
Case 1: State of U.P. v. M.P. Sharma (1957) SCR 518
In this case, the Supreme Court held that the confession made by a person in the custody of a police officer is relevant in a criminal case, even if the confession is not admissible in evidence because it was made under duress or inducement. The Court held that the confession is still relevant because it can help the court to understand the circumstances of the case and to assess the credibility of the accused’s defense.
The Court also held that the fact that the accused was found in possession of the murder weapon shortly after the murder is relevant as motive, preparation and previous or subsequent conduct. This is because the possession of the murder weapon is a strong indication that the accused was involved in the crime.
Case 2: State of West Bengal v. Anukul Chandra Pramanik (1993) 2 SCC 403
In this case, the Supreme Court held that the fact that the accused is a person of good character is relevant in a criminal case, even if the accused has pleaded not guilty. The Court held that the accused’s character is relevant because it can help the court to assess the likelihood that the accused committed the crime.
The Court also held that the fact that the accused was seen arguing with the victim shortly before the murder is relevant as motive, preparation and previous or subsequent conduct. This is because the argument is a strong indication that the accused had a motive for committing the crime.
Case 3: Ram Kishan v. State of Haryana (2009) 13 SCC 296
In this case, the Supreme Court held that the fact that the accused is related to the victim is relevant in a criminal case, even if the accused is not charged with any conspiracy or abetment. The Court held that the accused’s relationship to the victim is relevant because it can help the court to understand the motive for the crime and to assess the credibility of the accused’s defense.
The Court also held that the fact that the accused was seen fleeing from the scene of the murder is relevant as motive, preparation and previous or subsequent conduct. This is because the flight is a strong indication that the accused was involved in the crime.
These are just a few examples of case laws on section 8 of the Evidence Act. There are many other case laws that deal with various aspects of the relevancy of motive, preparation and previous or subsequent conduct. It is important for lawyers and judges to be familiar with these case laws so that they can apply them correctly in their cases.