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KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Motive, Preparation and Previous or Subsequent Conduct [Section 6]
IntroductionSection 6 of the Bharatiya Sakshya Adhiniyam deals with motive, preparation, and the previous or subsequent conduct of parties. The section makes certain facts relevant when they explain the reason behind an act, the arrangements made for committing it, or the behavior of persons connected with the case. These facts help the Court understand the circumstances surrounding a fact in issue and assist in arriving at a proper conclusion.
The section provides that facts showing motive or preparation for any fact in issue or relevant fact are themselves relevant. It also recognizes the relevance of conduct of parties, agents, or persons affected by an offence if such conduct is influenced by or connected with facts in issue or relevant facts.
MotiveMeaning of Motive
Motive refers to the reason or inducement that prompts a person to commit a particular act. In criminal law, motive explains why a person may have committed an offence. Although motive is not always an essential ingredient of an offence, it becomes extremely important in cases based upon circumstantial evidence because it acts as a connecting link in the chain of circumstances.
Importance of Motive in Criminal Cases
Where direct evidence clearly establishes the commission of an offence, proof of motive may not carry much significance. However, where the prosecution case rests entirely on circumstantial evidence, motive assumes great importance as it strengthens the prosecution story and helps establish the guilt of the accused.
In Prem Kumar v State of Bihar, the Supreme Court observed that when there is sufficient direct evidence regarding commission of the offence, motive does not loom large in the mind of the Court. However, in circumstantial evidence cases, motive becomes a very relevant factor.
Illustrations of Motive
Illustration (a) explains motive clearly. A is tried for the murder of B. The facts that A had earlier murdered C, that B knew about it, and that B attempted to extort money from A by threatening disclosure are relevant because they establish a motive for A to murder B.
Illustration (b) also relates to motive. If B denies execution of a bond, the fact that B urgently needed money at the relevant time becomes relevant because it provides a reason or motive for borrowing money.
PreparationMeaning of Preparation
Preparation refers to arranging the means or measures necessary for committing an offence. It includes acts done before the commission of the offence with the object of facilitating its execution.
Generally, mere preparation is not punishable under criminal law. However, certain kinds of preparation are specifically punishable under the Bharatiya Nyaya Sanhita, such as preparation to wage war against the Government, preparation to commit depredation on friendly territories, and preparation for dacoity.
Illustrations of Preparation
Illustration (c) states that where A is tried for murdering B by poison, the fact that A procured poison similar to the one administered to B becomes relevant because it shows preparation for the offence.
Illustration (d) relates to preparation in relation to wills. If A consulted advocates, made inquiries, and prepared draft wills before execution of the alleged will, those acts become relevant because they indicate preparation for making the will.
ConductMeaning of Conduct
Conduct means the behavior of a person influenced by or connected with facts in issue or relevant facts. Conduct may be previous or subsequent. It includes actions such as absconding, concealing evidence, creating false evidence, or attempting to influence witnesses.
The conduct must have a direct connection with the fact in issue or relevant fact. Mere unrelated behavior is not admissible.
Previous and Subsequent Conduct
Both prior and subsequent conduct are relevant if they are connected with the occurrence in question.
Illustration (e) explains that if an accused destroys evidence, conceals objects used in the crime, prevents witnesses from appearing, or procures false evidence, such conduct becomes relevant because it indicates consciousness of guilt.
Illustration (i) states that absconding after commission of an offence or possession of property obtained through the offence is relevant conduct.
Conduct as Circumstantial Evidence
Conduct often becomes an important circumstance in criminal trials based on circumstantial evidence.
In A.N. Venkatesh v State of Karnataka, the accused led the police to the place where the dead body was hidden and attempted to flee after noticing the police. The Supreme Court held that such conduct was relevant and admissible under Section 6.
Similarly, in Raja v State of Karnataka, the conduct of the prosecutrix in a gang rape case was examined carefully. The Court found her behavior after the incident unnatural and inconsistent, which affected the reliability of the prosecution case.
Statements Accompanying Conduct – Explanation 1
Explanation 1 clarifies that conduct does not ordinarily include statements. However, statements become relevant when they accompany and explain acts other than statements.
For example, if an injured person runs down the street shouting the name of the assailant and describing the attack, the statement becomes relevant because it accompanies and explains the conduct of the injured person.
Distinction Between Complaint and Mere Statement
There is a distinction between a complaint and a mere statement. A complaint is made seeking protection, assistance, or redress and is generally relevant. A mere statement expressing knowledge without seeking any action may not be relevant under this section unless it qualifies under some other provision.
Illustration (j) explains that where a rape victim makes a complaint shortly after the incident, the complaint and the circumstances in which it was made become relevant. However, merely stating that she had been raped without making a complaint is not relevant as conduct.
Illustration (k) applies the same principle to robbery cases.
Case Law on Statements Explaining Conduct
In Himachal Pradesh Administration v Om Prakash, the accused pointed out the person from whom he had purchased the weapon used in the offence. The Court held that this conduct was admissible under Section 6 even though the disclosure statement itself was inadmissible under Section 23.
Statements Affecting Conduct – Explanation 2
Explanation 2 states that when the conduct of a person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, also becomes relevant.
Illustrations (f), (g), and (h) explain this principle. If a person runs away after hearing that the police are searching for the offender, both the statement and his conduct become relevant because the statement influenced his conduct.
Similarly, where a person remains silent after hearing an accusation made in his presence, such silence may become relevant because it reflects his conduct in response to the accusation.
FIR (First Information Report) Lodged by Accused as Conduct
In Aghnoo Nagesia v State of Bihar, the Supreme Court held that where an FIR is lodged by the accused himself, the fact that he gave the information is admissible as evidence of conduct under Section 6.
Conclusion
Section 6 of the Bharatiya Sakshya Adhiniyam plays an important role in determining the relevance of motive, preparation, and conduct in judicial proceedings. Motive helps explain why an offence was committed, preparation indicates readiness to commit it, and conduct before or after the occurrence often helps establish guilt or innocence.
The section also recognizes the evidentiary value of statements accompanying conduct and statements affecting conduct. These principles are particularly significant in cases based upon circumstantial evidence where human behavior and surrounding circumstances become crucial for determining the truth.
IntroductionSection 6 of the Bharatiya Sakshya Adhiniyam deals with motive, preparation, and the previous or subsequent conduct of parties. The section makes certain facts relevant when they explain the reason behind an act, the arrangements made for committing it, or the behavior of persons connected with the case. These facts help the Court understand the circumstances surrounding a fact in issue and assist in arriving at a proper conclusion.
The section provides that facts showing motive or preparation for any fact in issue or relevant fact are themselves relevant. It also recognizes the relevance of conduct of parties, agents, or persons affected by an offence if such conduct is influenced by or connected with facts in issue or relevant facts.
MotiveMeaning of Motive
Motive refers to the reason or inducement that prompts a person to commit a particular act. In criminal law, motive explains why a person may have committed an offence. Although motive is not always an essential ingredient of an offence, it becomes extremely important in cases based upon circumstantial evidence because it acts as a connecting link in the chain of circumstances.
Importance of Motive in Criminal Cases
Where direct evidence clearly establishes the commission of an offence, proof of motive may not carry much significance. However, where the prosecution case rests entirely on circumstantial evidence, motive assumes great importance as it strengthens the prosecution story and helps establish the guilt of the accused.
In Prem Kumar v State of Bihar, the Supreme Court observed that when there is sufficient direct evidence regarding commission of the offence, motive does not loom large in the mind of the Court. However, in circumstantial evidence cases, motive becomes a very relevant factor.
Illustrations of Motive
Illustration (a) explains motive clearly. A is tried for the murder of B. The facts that A had earlier murdered C, that B knew about it, and that B attempted to extort money from A by threatening disclosure are relevant because they establish a motive for A to murder B.
Illustration (b) also relates to motive. If B denies execution of a bond, the fact that B urgently needed money at the relevant time becomes relevant because it provides a reason or motive for borrowing money.
PreparationMeaning of Preparation
Preparation refers to arranging the means or measures necessary for committing an offence. It includes acts done before the commission of the offence with the object of facilitating its execution.
Generally, mere preparation is not punishable under criminal law. However, certain kinds of preparation are specifically punishable under the Bharatiya Nyaya Sanhita, such as preparation to wage war against the Government, preparation to commit depredation on friendly territories, and preparation for dacoity.
Illustrations of Preparation
Illustration (c) states that where A is tried for murdering B by poison, the fact that A procured poison similar to the one administered to B becomes relevant because it shows preparation for the offence.
Illustration (d) relates to preparation in relation to wills. If A consulted advocates, made inquiries, and prepared draft wills before execution of the alleged will, those acts become relevant because they indicate preparation for making the will.
ConductMeaning of Conduct
Conduct means the behavior of a person influenced by or connected with facts in issue or relevant facts. Conduct may be previous or subsequent. It includes actions such as absconding, concealing evidence, creating false evidence, or attempting to influence witnesses.
The conduct must have a direct connection with the fact in issue or relevant fact. Mere unrelated behavior is not admissible.
Previous and Subsequent Conduct
Both prior and subsequent conduct are relevant if they are connected with the occurrence in question.
Illustration (e) explains that if an accused destroys evidence, conceals objects used in the crime, prevents witnesses from appearing, or procures false evidence, such conduct becomes relevant because it indicates consciousness of guilt.
Illustration (i) states that absconding after commission of an offence or possession of property obtained through the offence is relevant conduct.
Conduct as Circumstantial Evidence
Conduct often becomes an important circumstance in criminal trials based on circumstantial evidence.
In A.N. Venkatesh v State of Karnataka, the accused led the police to the place where the dead body was hidden and attempted to flee after noticing the police. The Supreme Court held that such conduct was relevant and admissible under Section 6.
Similarly, in Raja v State of Karnataka, the conduct of the prosecutrix in a gang rape case was examined carefully. The Court found her behavior after the incident unnatural and inconsistent, which affected the reliability of the prosecution case.
Statements Accompanying Conduct – Explanation 1
Explanation 1 clarifies that conduct does not ordinarily include statements. However, statements become relevant when they accompany and explain acts other than statements.
For example, if an injured person runs down the street shouting the name of the assailant and describing the attack, the statement becomes relevant because it accompanies and explains the conduct of the injured person.
Distinction Between Complaint and Mere Statement
There is a distinction between a complaint and a mere statement. A complaint is made seeking protection, assistance, or redress and is generally relevant. A mere statement expressing knowledge without seeking any action may not be relevant under this section unless it qualifies under some other provision.
Illustration (j) explains that where a rape victim makes a complaint shortly after the incident, the complaint and the circumstances in which it was made become relevant. However, merely stating that she had been raped without making a complaint is not relevant as conduct.
Illustration (k) applies the same principle to robbery cases.
Case Law on Statements Explaining Conduct
In Himachal Pradesh Administration v Om Prakash, the accused pointed out the person from whom he had purchased the weapon used in the offence. The Court held that this conduct was admissible under Section 6 even though the disclosure statement itself was inadmissible under Section 23.
Statements Affecting Conduct – Explanation 2
Explanation 2 states that when the conduct of a person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, also becomes relevant.
Illustrations (f), (g), and (h) explain this principle. If a person runs away after hearing that the police are searching for the offender, both the statement and his conduct become relevant because the statement influenced his conduct.
Similarly, where a person remains silent after hearing an accusation made in his presence, such silence may become relevant because it reflects his conduct in response to the accusation.
FIR (First Information Report) Lodged by Accused as Conduct
In Aghnoo Nagesia v State of Bihar, the Supreme Court held that where an FIR is lodged by the accused himself, the fact that he gave the information is admissible as evidence of conduct under Section 6.
Conclusion
Section 6 of the Bharatiya Sakshya Adhiniyam plays an important role in determining the relevance of motive, preparation, and conduct in judicial proceedings. Motive helps explain why an offence was committed, preparation indicates readiness to commit it, and conduct before or after the occurrence often helps establish guilt or innocence.
The section also recognizes the evidentiary value of statements accompanying conduct and statements affecting conduct. These principles are particularly significant in cases based upon circumstantial evidence where human behavior and surrounding circumstances become crucial for determining the truth.
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