Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 6: Motive, preparation and previous or subsequent conduct
(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2) 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 offence 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 Adhiniyam.
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 the 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, is 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 advocates in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant.
(e) A is accused of a crime. The facts that, 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 favourable to himself, or 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 person who robbed B, and that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B ten thousand rupees. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing—I advise you not to trust A, for he owes B ten thousand rupees, and that A went away without making any answer, are relevant facts.
(h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter, warning A 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, A 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 raped. The fact that, shortly after the alleged rape, A made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, A said that A had been raped is not relevant as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160.
(k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, A 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 A 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 clause (a) of section 26, or as corroborative evidence under section 160.
Brefe Detail
Section 6 of the Bhartiya Sakshya Adhiniyam, 2023 discusses the relevance of facts that indicate motive, preparation, or the conduct of parties involved in legal proceedings. It emphasizes that the conduct of any party, or their agents, is relevant if it influences or is influenced by facts in issue. Several illustrations demonstrate how past or present actions and circumstances surrounding an event can impact legal interpretations.
Question & Answers
Q1: What does Section 6 state about relevant facts?
A1: It states that any fact showing a motive or preparation for any fact in issue or relevant fact is relevant.
Q2: How does conduct relate to facts in issue?
A2: The conduct of any party or agent is relevant if it influences or is influenced by facts in issue, regardless of whether it occurs before or after those facts.
Q3: Are statements considered conduct under this section?
A3: No, statements are not considered conduct unless they accompany and explain actions; however, they may be relevant under other sections.
Q4: What is an example of relevant conduct in a murder case?
A4: If A is accused of murdering B, relevant facts would include A's previous murder of C and B's knowledge of this, along with B's attempt to extort A.
Q5: How does the conduct of a victim affect a case?
A5: The conduct of the victim, such as making a complaint shortly after an alleged crime, is relevant in determining the facts of the case.
Example
1. Murder Case Example: In a murder trial, A's prior murder of C and B's knowledge of it, along with B's threats to expose A, are relevant to establish motive.
2. Bond Dispute Scenario: If B denies the existence of a bond, the fact that B needed money for a specific purpose at the time the bond was created is relevant.
3. Poisoning Context: In a poisoning case, if A procured poison before B's death, this fact is relevant in establishing A's motive and preparation.
4. Robbery Case: If A runs away immediately after C mentions police are looking for the robber, this conduct is relevant to the question of whether A committed the robbery.
5. Accusation of Crime: If A absconds after receiving a warning letter regarding an investigation, the letter's content is relevant to the case against A.
Summary
Section 6 of the Bhartiya Sakshya Adhiniyam, 2023 highlights the significance of motive, preparation, and conduct in legal proceedings. It establishes that relevant facts include the actions and statements of involved parties that influence or are influenced by facts in issue. The section is supported by various illustrations demonstrating how these elements can be crucial in understanding legal contexts.
