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KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Motive, Preparation and Conduct [Section 6 BSA / Section 8 IEA]
Introduction
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 8 of the Indian Evidence Act, 1872. Both provisions deal with the relevancy of:
These facts are relevant because they help the Court understand the circumstances surrounding the fact in issue and may assist in determining the existence or non-existence of a disputed fact.
While the fundamental principle remains unchanged, the BSA introduces a more structured drafting style and omits certain expressions found in the IEA.
Meaning of Motive
Motive
Motive means the reason or driving force that prompts a person to perform a particular act.
It answers the question:
"Why was the act committed?"
Although motive is not an essential ingredient of every offence, it often helps the Court understand the circumstances leading to the commission of the act.
Example
A has longstanding enmity with B and later B is murdered.
The previous enmity may constitute a relevant motive for the alleged crime.
Meaning of Preparation
PreparationPreparation refers to acts performed before the commission of an offence or occurrence of an event in order to facilitate its execution.
Preparation indicates:
A purchases poison shortly before the death of B.
The purchase of poison may be relevant as preparation for the offence.
Meaning of Conduct
ConductConduct refers to the behavior of any person connected with:
Before the Event
Conduct preceding the occurrence.
At the Time of the Event
Conduct accompanying the occurrence.
After the Event
Conduct subsequent to the occurrence.
Such conduct may indicate:
Such conduct may be relevant as indicating consciousness of guilt.
Relevancy of Motive, Preparation and Conduct
Section 6 makes motive, preparation, and conduct relevant because they often provide circumstantial links between:
Changes under the BSA
1. Omission of the Expression "Previous or Subsequent Conduct"Under Section 8 IEAThe provision expressly referred to:
Under Section 6 BSA
These words have been omitted from the text.
However, the substantive principle remains unchanged because conduct before or after the event may still be relevant if connected with the fact in issue or relevant facts.
Thus, the omission appears to be primarily drafting-oriented rather than a substantive legal change.
2. Omission of the Illustration Relating to Administration of PoisonUnder Section 8 IEA
One illustration specifically referred to:
Under Section 6 BSA
This particular illustration has not been retained.
However, the legal principle regarding preparation remains unchanged.
Acts showing preparation continue to be relevant facts.
3. Improved Structure and Drafting
A notable feature of Section 6 BSA is its modern drafting style.
The provision:
Importance of the Provision
The section is especially important in cases based on:
Illustration
Suppose A is accused of murdering B.
The following facts may be relevant:
Difference between Section 6 BSA and Section 8 IEA
Section 6 BSA
Section 8 IEA
Important Points
Conclusion
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 continues the well-established principle that motive, preparation, and conduct are relevant facts in judicial proceedings. Although certain expressions and illustrations found in Section 8 of the Indian Evidence Act, 1872 have been omitted, the substantive law remains largely unchanged. The primary reform lies in the improved structure and drafting style, making the provision clearer, more accessible, and better suited to contemporary legal interpretation.
Introduction
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 8 of the Indian Evidence Act, 1872. Both provisions deal with the relevancy of:
- Motive,
- Preparation,
- Conduct,
These facts are relevant because they help the Court understand the circumstances surrounding the fact in issue and may assist in determining the existence or non-existence of a disputed fact.
While the fundamental principle remains unchanged, the BSA introduces a more structured drafting style and omits certain expressions found in the IEA.
Meaning of Motive
Motive
Motive means the reason or driving force that prompts a person to perform a particular act.
It answers the question:
"Why was the act committed?"
Although motive is not an essential ingredient of every offence, it often helps the Court understand the circumstances leading to the commission of the act.
Example
A has longstanding enmity with B and later B is murdered.
The previous enmity may constitute a relevant motive for the alleged crime.
Meaning of Preparation
PreparationPreparation refers to acts performed before the commission of an offence or occurrence of an event in order to facilitate its execution.
Preparation indicates:
- Planning,
- Arrangement,
- Readiness for commission of an act.
A purchases poison shortly before the death of B.
The purchase of poison may be relevant as preparation for the offence.
Meaning of Conduct
ConductConduct refers to the behavior of any person connected with:
- The fact in issue,
- Relevant facts,
- Parties to the proceeding.
Before the Event
Conduct preceding the occurrence.
At the Time of the Event
Conduct accompanying the occurrence.
After the Event
Conduct subsequent to the occurrence.
Such conduct may indicate:
- Intention,
- Knowledge,
- Guilt,
- Innocence.
Such conduct may be relevant as indicating consciousness of guilt.
Relevancy of Motive, Preparation and Conduct
Section 6 makes motive, preparation, and conduct relevant because they often provide circumstantial links between:
- The parties,
- The disputed event,
- The fact in issue.
- Understand the surrounding circumstances,
- Evaluate probabilities,
- Reach a just conclusion.
Changes under the BSA
1. Omission of the Expression "Previous or Subsequent Conduct"Under Section 8 IEAThe provision expressly referred to:
- Previous conduct,
- Subsequent conduct.
Under Section 6 BSA
These words have been omitted from the text.
However, the substantive principle remains unchanged because conduct before or after the event may still be relevant if connected with the fact in issue or relevant facts.
Thus, the omission appears to be primarily drafting-oriented rather than a substantive legal change.
2. Omission of the Illustration Relating to Administration of PoisonUnder Section 8 IEA
One illustration specifically referred to:
- Administration of poison.
Under Section 6 BSA
This particular illustration has not been retained.
However, the legal principle regarding preparation remains unchanged.
Acts showing preparation continue to be relevant facts.
3. Improved Structure and Drafting
A notable feature of Section 6 BSA is its modern drafting style.
The provision:
- Uses numbered subsections,
- Organizes concepts more systematically,
- Enhances readability and clarity.
Importance of the Provision
The section is especially important in cases based on:
- Circumstantial evidence,
- Criminal prosecutions,
- Determination of intention,
- Determination of state of mind.
Illustration
Suppose A is accused of murdering B.
The following facts may be relevant:
- A had previous enmity with B (motive).
- A purchased a weapon before the incident (preparation).
- A absconded immediately after the incident (conduct).
Difference between Section 6 BSA and Section 8 IEA
Section 6 BSA
- Modernized drafting.
- Structured through numbered subsections.
- Omits the phrase "previous or subsequent conduct."
- Omits the poison illustration.
- Substantive principles largely unchanged.
Section 8 IEA
- Traditional drafting style.
- Expressly referred to previous and subsequent conduct.
- Included illustration relating to administration of poison.
- Same underlying legal principles.
Important Points
- Section 6 BSA corresponds to Section 8 IEA.
- Deals with motive, preparation, and conduct.
- Motive explains why an act was committed.
- Preparation indicates planning or readiness.
- Conduct reflects behavior connected with the fact in issue.
- Relevant in both civil and criminal proceedings.
- BSA omits phrase "previous or subsequent conduct."
- Poison illustration omitted.
- Modernized structure through numbered subsections.
- Substantive legal position remains substantially unchanged.
Conclusion
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 continues the well-established principle that motive, preparation, and conduct are relevant facts in judicial proceedings. Although certain expressions and illustrations found in Section 8 of the Indian Evidence Act, 1872 have been omitted, the substantive law remains largely unchanged. The primary reform lies in the improved structure and drafting style, making the provision clearer, more accessible, and better suited to contemporary legal interpretation.
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