Section.8 of the Indian Evidence Act, 1872 lays down the provisions relating to the relevancy of three principal facts, which are very important in connection with every kind of civil or criminal cases...they are as follows :

1) Motive
2) Preparation
3) Conduct

What is meant by motive? When it becomes

Section 8 runs as follows: 

         "Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.

           The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offense against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation 1.

      The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2. –

     When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.

Illustrations

(a) A is tried for the murder of B.

            The facts that, A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.

(b) A sues B upon a bond for payment of money. B denies the making of the bond.
The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, it relevant.

(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.

(d) The question is, whether a certain document is the will of A.
The facts that not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate that he consulted vakils in reference to making the will, and that he caused drafts or other wills to be prepared of which he did not approve, are relevant.

(e) A is accused of a crime.
The facts, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favorable to himself, on that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.


(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A’s presence – “the police are coming to look for the man who robbed B” and that immediately afterwards A ran away, are relevant.

(g) The question is, whether A owes B rupees 10,000.
The fact that, A asked C to lend him money, and that D said to C in A’s presence and hearing “Advice you The Orient Tavern to trust A, for he owes B 10,000 rupees” and that A went away without making any answer, are relevant facts.

(h) The question is, whether A committed a crime.
The facts that, A absconded after receiving a litter warning him that inquiry was being made for the criminal, and the contents of the letter, are relevant.

(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he absconded or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

(j) The question is whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which the complaint was made, are relevant.
The facts that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause 1, or as corroborative evidence under section 157.

(k) The question is whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint, relating to the offence, the circumstances under which, and the terms in which the complaint was made, are relevant.

     The fact that he said he had been robbed without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under section 32, clause 1, or as corroborative evidence under section 157.



1) Motive: 

       The word 'motive' means “the reason behind the act or conduct or an act to be achieved in doing an act."
Salmond describes motive as " the ulterior intent".  It may be good or bad.

        Motive is the moving power, which impels one to do an act.  In other words, a motive is that which moves a man to do a particular act. It is an emotion or State of Mind, which leads a man to do an act. Motive by itself is no crime, however heinous it may be. Once a crime has been committed, the evidence of motive becomes important. Therefore, evidence of the existence of a motive for the crime charged is Admissible.

          Motive differs from intention. Intention refers to immediate consequences, whereas, motive refers to ultimate purpose with which an act is done. An act may be done with bad intention but good motive.


Example: 

   A thief steals money and helps the poor.


Proof of Motive:    

    Motive cannot always shown directly. It has to be inferred from the facts and circumstantial in evidence.

E.g.: A is tried for murder of B, The fact that B was present at the  scene of the offence, while A was murdering C, B tried to extort money from A, by threatening him to reveal in the public that A murdered C are relevant.



Importance of Evidence of motive: 
    
        Motive is a relevant factor in all criminal cases, whether based on the testimony of eye witnesses or circumstantial evidence. Motive alone is not sufficient evidence to establish that the crime in question has been committed by a particular person. Where a crime is to be proved beyond reasonable doubt, it is not necessary to consider the evidence of motive. Inadequacy of motive does not affect the cogent evidence but is important, whether evidence is doubtful.   

Relevant Case Law:

       It has been held in  Udaipal Singh vs. State, AIR1972 SC 54, that Evidence of motive is relevant under section 9 of the Indian Evidence Act.

        Supreme Court also held in Kundula Bala vs. State 1993, Court held that in a case based on circumstantial evidence, motive assumes a great significance as its Evidence in an enlightening factor in a process of presumptive reasoning.

        In State of M.P. Vs. Dhiredra Kumar AIR 1997 SC 318, Munnibai was killed. Respondent Dhiredra Kumar had en evil eye on her. Respondent was tenant in the house of father-in-law of deceased (Munnibai) Munnibai reported the matter to her mother in law who in turn told to her husband; who told vacate the house. This may be taken as motive of murder.

              In State of Haryana v. Sher Singh.AIR 1981 SC 1021, held that if the prosecution proves motive, Court has to consider it and see whether it is adequate.
When there is direct evidence, the evidence of motive is not of so much significance. The evidence of

              Motive becomes important to Corroborate the circumstantial evidence in Sakharam v. State  AIR 1992 SC 758, held, that absence of Motive may not be relevant when Evidence is overwhelming but it is a plus point in case where the Evidence against the accused is only Circumstantial.




2) Preparation:

       Section 8, Para I of the Indian Evidence Act, 1872 says, “Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact."

     Preparation consists in arranging the means necessary for the commission of a crime. Every crime is necessarily preceded by preparation.

Illustration

"A is tried for the murder of B, by poison. The fact that, before the death of B, A produced poison similar to that which was administered to B is relevant."

The fact that a day prior to the murder of B, A went to the druggist shop and obtained a particular poison, is relevant to show that he made necessary preparation for committing the crime.

There are four stages in Commission of Crime
1) Intention
2) Preparation
3) Attempt
4) Accomplishment / complete act.

         The first, intention is not punishable. The second stage in commission of a crime is preparation, is punishable in certain cases. The third stage attempt is exempted from criminal liability in rare cases in respect of minor offences. Preparation in devising or arranging means necessary for commission of an offence.

Mohanlal vs Emperor, AIR 1937, Sindh 293.

In this case, the accused was charged with cheating for importing goods without paying proper custom duty by deceiving customs authorities. The evidence of his previous visit to the port trying to make certain arrangements whereby he could import goods without paying duty was held Admissible under the Section.
The preparation on the part of the accused may be, to accomplish the crime, to prevent discovery of crime or it may be to aid the escape of the criminal and avert suspicion.


3) Conduct:  

The conduct is the expression in outward behavior of the quality or conduct operating to produce those effects.

The second paragraph of Section 8 deals with the relevancy of conduct it says that , "  The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offense against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto."

Conduct is differ from the character. Conduct is what a person is in the estimation of others.

Paragraph 2 of Section 8 deals with the relevancy of the conduct of the following persons

1) Parties to the suit and of their agents.
2) Person, an offense against whom is the subject of a proceeding.


Against whom admissible : 

        The conduct of any person, is relevant under section 8, is admissible only against himself and not against any other person. The conduct of an accused is not, therefore, Admissible, against a co-accused.



Conditions of admissibility:

The conduct is admissible only if the following conditions are satisfied:

1) It must be in reference to the suit or proceeding or in reference to any fact in issue therein or relevant thereto.

2) It must directly influence or be influenced by any fact in issue or relevant fact.
The conduct remains inadmissible if any one of the other two conditions is not satisfied.


 In Nagesha V. State of Bihar, AIR, 1996 SC119, it was held by the Court if the first information is given by the accused himself, the fact of his giving information is admissible against him as an evidence of his conduct.  

78 comments:

  1. this blog was really great, never seen a great blog like this before. i think im gonna share this to my friends..ExcelR pmp certification

    ReplyDelete
  2. This section is elaborate in very nice way

    ReplyDelete
    Replies
    1. https://educationvibes.in/university/MBBS-Abroad/Orel-State-Medical-University

      Delete
  3. What a really awesome post this is. Truly, one of the best posts I've ever witnessed to see in my whole life. Wow, just keep it up.
    360Digitmg financial analytics training in hyderabad

    ReplyDelete
  4. I have to search sites with relevant information on given topic and provide them to teacher our opinion and the article.
    360 digitmg Data-science training in chennai

    ReplyDelete
  5. Took me time to understand all of the comments, but I seriously enjoyed the write-up. It proved being really helpful to me and Im positive to all of the commenters right here! Its constantly nice when you can not only be informed, but also entertained! I am certain you had enjoyable writing this write-up.
    360Digitmg financial analytics training in hyderabad

    ReplyDelete
  6. I was just browsing through the internet looking for some information and came across your blog. I am impressed by the information that you have on this blog.
    pmp certification in hyderabad

    ReplyDelete
  7. All of these steps are then supported by a state of the art CRM/ILM, DMS and follow up system. Unfortunately, all of these well thought out procedures are only as good as the sales person who entered the customer into the system and/or who is expected to follow up if not sold or who is relied on to solicit future service and referrals. Toolschief

    ReplyDelete
  8. I believe Americans need a new way of thinking about health. Look where our current perspectives on the subject have gotten us - we are last among the world's 17 most industrialized nations in all the key indicators of health. e bay 25 mg cbd capsules

    ReplyDelete
  9. Stay warm jughead jacket and shop Forever 21's sale jackets. Find women's jackets on sale in every style: bomber, rain jackets, puffers, color block anoraks + more!

    ReplyDelete
  10. Awesome blog. I enjoyed reading your articles. This is truly a great read for me. I have bookmarked it and I am looking forward to reading new articles. Keep up the good work!

    ReplyDelete
  11. the article was a very interesting and informative article to read. Thanks for sharing!!

    Best PTE Coaching in ambala
    Best IELTS Institute in Ambala

    ReplyDelete
  12. Really nice and interesting post. I was looking for this kind of information and enjoyed reading this one. Keep posting. Thanks for sharing.data science course in bhubaneswar

    ReplyDelete
  13. The worst part of it was that the software only worked intermittently and the data was not accurate. You obviously canot confront anyone about what you have discovered if the information is not right. data science training in surat

    ReplyDelete
  14. This is an awesome motivating article.I am practically satisfied with your great work.You put truly extremely supportive data. Keep it up. Continue blogging. Hoping to perusing your next post data analytics course in mysore

    ReplyDelete
  15. This is a fantastic website and I can not recommend you guys enough. data science training in surat

    ReplyDelete
  16. Over all, Indian college graduates have great language abilities in English, however they are a piece harsh. college placement cells database

    ReplyDelete
  17. Data Sciences is expanding and opening up new opportunities in all domains of IT. It is the right time now to start your Data Science course online and grab those opportunities. Start training with 360DigiTMG and make the most of the opportunity.

    Data Science Training in Jodhpur

    ReplyDelete
  18. Data Science studying modules and making an attempt to make it possible for extra college students to be taught the course.

    Data Science Course in Bangalore

    ReplyDelete
  19. Data Science studying modules and making an attempt to make it possible for extra college students to be taught the course.


    Data Science in Bangalore with Placement

    ReplyDelete
  20. Enroll in the Data Science course near me to learn the handling of huge amounts of data by analyzing it with the help of analytical tools. This field offers ample job profiles to work as a Data Architect, Data Administrator, Data Analyst, Business Analyst, Data Manager, and BI Manager. Step into an exciting career in the field of Data Science and achieve great heights by acquiring the right knowledge and skills to formulate solutions to business problems.

    Business Analytics Course in Jodhpur

    ReplyDelete
  21. Develop technical skills and become an expert in analyzing large sets of data by enrolling for the Best Data Science course in Bangalore. Gain in-depth knowledge in Data Visualization, Statistics, and Predictive Analytics along with the two famous programming languages and Python. Learn to derive valuable insights from data using skills of Data Mining, Statistics, Machine Learning, Network Analysis, etc, and apply the skills you will learn in your final Capstone project to get recognized by potential employers.

    Data Science Training in Delhi

    ReplyDelete
  22. Explore what the best Data Science training institute is offering you. Learn advanced technologies from the best industry experts.
    <a href="https://360digitmg.com/india/data-analytics-certification-training-course-in-patna>data analytics course in patna</a>

    ReplyDelete
  23. "Hi, Nice post thanks for sharing. Would you please adding online chappal shopping in pakistan website link on your page.Thanks
    "

    ReplyDelete
  24. This comment has been removed by the author.

    ReplyDelete
  25. Thanks for sharing this great article we appreciate it, we provide down video from facebook freely and unlimited.

    ReplyDelete
  26. great post, thanks for sharing important information , keep posting Salesforce Classes In Pune

    ReplyDelete
  27. That's Nice post.thanks for posting.
    https://www.uaedrawsecret.com/

    ReplyDelete
  28. thanks for sharing latest information, keep posting more Spoken English Course In Pune

    ReplyDelete
  29. that is some good content i have read. keeop posting.
    and also hello to full stack developers we are here to announce abour our complete full stack training in pune.

    ReplyDelete
  30. Integrated Risk Management is an approach to managing risks across an organization that emphasizes the integration and coordination of risk management activities across various functions, processes, and levels of the enterprise. It aims to provide a holistic and comprehensive view of risks, enabling organizations to make informed decisions and take coordinated actions to address risks effectively.

    ReplyDelete
  31. Nice! Your article is extremely attractive and interesting. If you are a students and looking for assignment help in Canberra then you can visit here: Assignment Help in Canberra

    ReplyDelete
  32. Great post, thanks for sharing important information , keep posting. If you are looking for best Motion Graphic Design Services then you can visit here: Motion Graphic Design Services

    ReplyDelete
  33. Thanks for sharing latest information, keep posting. If you are looking for hire a fircosoft freelancers then you can visit here: Hire Fircosoft Freelancer

    ReplyDelete
  34. That is some good content I have read, keep posting. If you are looking for Vintage Magic Car toys for your toddlers then you can visit here: Vintage Magic Car toys

    ReplyDelete
  35. Hazard Management is the process of identifying, assessing, and mitigating potential hazards or threats that could cause harm, damage, or disruption to people, property, the environment, or the organization's operations. Hazards can be natural, such as earthquakes, floods, or hurricanes, or they can be human-induced, including chemical spills, workplace accidents, or cybersecurity breaches.

    ReplyDelete
  36. Great post, thanks for sharing valuable information, keep us posted. Python Classes in Pune

    ReplyDelete
  37. Your blog post is well-written and serves as a valuable resource for anyone interested in understanding the legal aspects of motive, preparation, and conduct in the context of various cases. I thoroughly enjoyed reading it, and I appreciate the effort you put into making it accessible and informative.
    Security Considerations in Full Stack Development- Best Practices for Protecting Web Applications

    ReplyDelete
  38. Thanks for sharing this post, it was great article. Unlock unparalleled exposure for your Edtech initiatives with the comprehensive 1000+ Classifieds Submission Sites List from Edtech Reader! Explore a vast array of classified submission sites meticulously curated to elevate your online visibility.
    visit Classified submission website

    ReplyDelete
  39. I like your blog. Your provided blog post explains the relevance and significance of Section 8 of the Indian Evidence Act, 1872, which deals with the admissibility of evidence related to motive, preparation, and conduct in legal proceedings.

    ReplyDelete
  40. Great post, thanks for sharing valuable information, keep us posted. modular office furniture pune

    ReplyDelete
  41. Learn Ethical Hacking from IT Education Centre. IT Education Centre provides Ethical Hacking Courses in Pune, Ethical Hacking Classes in Pune and Ethical Hacking Training in Pune.

    ReplyDelete
  42. Excellent post and I am very happy to read this blog. Keep doing. Struggling to grasp the complexities of Genetics and Heredity? Need guidance on the intricacies of Cell Division and Cell Cycle? Curious about the theory of Evolution and the wonders of Biotechnology and Genetic Engineering?
    For more info contact +91-9654271931 or visit Online tuition for cbse board

    ReplyDelete
  43. Thank you for the above information, to know more about express cargo service visit https://www.sugamgroup.com/express-cargo-packers-and-movers-in-india/

    ReplyDelete
  44. We offer comprehensive CDL training classes in Utah that cover all aspects of truck driving, from basic vehicle operation to advanced techniques. Our state-of-the-art facilities and modern equipment ensure that our students receive the best possible training experience.

    ReplyDelete
  45. Excellent Blog. Loved it!!! AI
    in Law is the future.

    ReplyDelete
  46. Amazing information - thank you! For more information check Mentorele

    ReplyDelete
  47. Thanks For Sharing valuable information regularly, great Job and keep Sharing your experience with us. Ziyyara Edutech’s comprehensive curriculum is designed to enhance your language skills, focusing on spoken English proficiency and mastery of essential language components.
    For Book a demo now spoken English classes in Saudi Arabia

    ReplyDelete
  48. This comment has been removed by the author.

    ReplyDelete
  49. Myhilltour is an online travel company, offering travel products and services. It provides consumers with access to hill station packages, Mussoorie Tour Package, car rentals, honeymoon packages, vacation packages, Rafting Packages, homestay in Uttarakhand, and other services from various suppliers through its websites.

    ReplyDelete
  50. To know more about the best transportation and logistics company in India, especially in Delhi the capital of India, visit https://www.sugamgroup.com/best-cargo-services-in-delhi/

    ReplyDelete
  51. This comment has been removed by the author.

    ReplyDelete
  52. Amazing, Your blogs are really good and informative. I got a lots of useful information in your blogs. The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act traffic lawyer arlington va. It is very great and useful to all. Keeps sharing more useful blogs...

    ReplyDelete
  53. I loved reading your blog post.
    Please take some time to visit mine...
    Best SAP Training Institute in Mumbai

    ReplyDelete
  54. Extraordinary data. Fortunate me I went over your site CNNAOL

    ReplyDelete
  55. Accessing your Linksys extender's settings is easy with the extender linksys com login page. For further assistance, visit our site or connect with our technical experts via live chat for immediate support.

    ReplyDelete
  56. Navigate effortlessly through printer setup with https //ij.start.canon. This guide simplifies your Canon printer's initialization process. For further assistance, visit our site or engage with our technical experts via live chat.

    ReplyDelete

See Also..