Motive, Preparation and Conduct As Evidence | The Evidence Act | The National TV
- by Dhyutisha-Rawat
- May 06, 2020 17:01
Motivation, preparation, and conduct as evidence.
Section 8 of The Indian Evidence Act talks about the motive, preparation, and conduct of the accused, which might be proved as a relevant evidence against the accused. What would cause him to do such an act, what could be the motive or the reason for the commission of a crime, was he preparing for the commission of the crime, or was there a change in his conduct! All such questions are relevant that could lead us to stoic evidence against the accused.
Facts that show a motive for any facts in issue or relevant facts, in the case are relevant. The motive is the impelling power which pushes someone to do an act. Motive by itself is no crime. But, once a crime has been committed, the evidence of motive becomes important.
Murder of a wealthy childless man, by his nephew for the inheritance of wealth, was held to be relevant as it showed that the accused had the motive to dispose of him.
In the case of Ratten v. Reginam(1971)3 All E.R. 801 where the woman was shot dead by her husband, while she was alone with him in their home. The court held that evidence could be given to the fact that the husband had a relationship with another woman as this would show that he had a strong reason to get rid of his wife.
In another case of R. v. Palmer where the accused was financially weak and to overcome his difficulties, borrowed a large sum from his friend, with whom he used to attend races. One night, after the race, a friend of the accused was found dead under suspicious circumstances. The fact that the accused had a strong motive to eliminate his creditor friend was held to be relevant.
In the case of Bhagwan Dass v. State (NCT) of Delhi A.I.R. 2011 S.C., 3690 were in the case of honor killing, the accused father had killed his daughter, the motive of saving the family honor was held to be relevant.
Acts of preparation for crime are relevant. Preparation by itself is no crime but, once an offense has been committed, the evidence of preparation becomes most important for the crime must have been committed by the man who was preparing for it.
Illustration: - where death is caused by poisoning, the fact that shortly before the accused procured poison similar to that which was administered is relevant.
The conduct of a person is equally relevant as evidence. As the state of his mind is often reflected by his conduct and so is the say, guilty mind begets guilty conduct.
The conduct must be in reference to the facts in issue or the facts relevant to them. Evidence to conduct is relevant whether it is previous to the happening of the facts or subsequent to them. A man’s conduct is always influenced by what he has been doing before or after the act.
In the case of vikramjit Singh v. the State of Punjab, (2006) 12 S.C.C 306 the court held that conduct of the accused must have nexus with the crime, the conduct of a third person is wholly irrelevant unless the same has a direct nexus in proving the guilt of the accused.
The value of evidence of conduct depends upon the circumstances. Conduct in question should either influence the facts or be itself influenced by the facts.
In the case of Queen-Empress v. Abdullah (1885) 7 All. 385(F.B.). the accused was convicted for the murder of a girl named Dulari, who with the help of her hand gesture pointed at the accused, when a police officer asked her about the doer of crime. Though the court held in this case that conduct was not applicable here but evidence of her hand gesture was relevant under section 32 as a dying declaration. Mahmood,.J. held in a dissenting opinion that the conduct in question was relevant under section 8, but not under Section 32 as a dying declaration.
When the conduct of any person is relevant, any statement made to him or in his presence or hearing, which affects such conduct is relevant.
Motivation, preparation, and conduct of the person points clearly towards the commission of a crime and are considered as relevant evidence sometimes, convicting an accused.
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