Section 6 of Bharatiya Sakshya Adhiniyam, 2023: Motive, preparation and previous or subsequent conduct

Bharatiya Sakshya Adhiniyam, 2023 • Official Statutory Text & Practice Guide

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Act 2023
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Legal Commentary & Landmark Judgments: Section 6

Section 6 establishes the relevancy of facts showing motive, preparation, and previous or subsequent conduct of any party or their agent in relation to facts in issue.

  • Core Legal Standard: Under Section 6 (formerly Section 8 IEA), any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
  • Operational Mechanism: The section also makes relevant the conduct of any party, or agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue, whether previous or subsequent thereto.

Explanation 1 clarifies that the word 'conduct' does not include mere statements unless those statements accompany and explain acts other than statements. Explanation 2 clarifies that statements made in the presence and hearing of a person whose conduct is in question are relevant if they affected such conduct.

Key Landmark Precedents:
  • Babu v. State of Kerala (2010) 9 SCC 189: Held that while motive is not essential where direct eyewitness testimony is trustworthy, proof of motive assumes critical significance in cases resting on circumstantial evidence.
  • State of U.P. v. Kishanpal (2008) 16 SCC 73: Reaffirmed that conduct of an accused immediately following an offence—such as abscondence, concealment of weapons, or false alibis—is highly relevant under this section.
Legal Commentary:

Section 6 links psychological motivation to physical reality. Motive supplies the missing link in circumstantial chains, while preparation (purchasing poison, scouting terrain) and subsequent conduct (fleeing the jurisdiction or displaying abnormal panic) provide corroboration of guilt.