Motive, Preparation, and Previous or Subsequent Conduct under the Indian Evidence Act, 1872
Under the Indian Evidence Act, 1872, the concepts of Motive, Preparation, and Previous or Subsequent Conduct are important in determining the relevancy of facts in judicial proceedings. These are addressed primarily under Sections 8 and 9 of the Act.
🔹 Section 8 – Motive, Preparation, and Conduct
✔️ 1. Motive
Definition: Motive is the reason or intention behind committing a particular act (especially a crime).
Relevance: A fact showing motive is relevant as it helps in establishing why a person would commit an act or offense.
Illustration (Section 8):
A is tried for the murder of B. The fact that A had a strong enmity with B or stood to gain financially from B’s death is relevant as it shows motive.
✔️ 2. Preparation
Definition: Preparation includes acts done before committing a crime which make its commission possible or easier.
Relevance: Preparatory acts show a person's intent and readiness to commit the crime, thus they are relevant.
Example:
Purchasing poison, concealing weapons, or making travel plans under a false name before a crime is committed.
✔️ 3. Previous or Subsequent Conduct
Definition: Conduct includes any action or behavior by a person before or after the incident in question, if it has a connection with the fact in issue or relevant facts.
Relevance:
Such conduct is admissible if it influences or is influenced by any fact in issue or relevant fact.
Only conduct influenced by or influencing relevant facts is relevant, not mere behavior.
Example:
Accused absconding after a crime may suggest guilt (subsequent conduct).
Threats made before a crime (previous conduct) may show intent or preparation.
🔸 Explanation 1 & 2 to Section 8:
Mere statements not accompanying and explaining acts are not conduct.
Conduct does not include acts of a person not concerned with the case.
🔹 Section 9 – Facts necessary to explain or introduce relevant facts
While not directly about motive or conduct, Section 9 supports Section 8 by making admissible those facts that help explain the presence of motive, preparation, or conduct, such as:
Identifications
Relationships
Background facts
🧑⚖️ Case Laws Supporting Section 8
Subramaniam v. State of Tamil Nadu (2009)
Held that motive is not essential when direct evidence is available, but it strengthens the prosecution's case.
State of M.P. v. Baby (2008)
Preparatory acts like hiding a weapon used in crime were considered relevant.
Prakash v. State of Karnataka (2014)
The court held that subsequent conduct like absconding or giving false information is relevant under Section 8.
✅ Summary Table
| Concept | Definition | Relevance under Evidence Act |
|---|---|---|
| Motive | Reason behind the act | Relevant under Section 8 |
| Preparation | Steps taken before committing an act | Relevant under Section 8 |
| Conduct | Behavior before or after the incident | Relevant if it affects or is affected by facts in issue (Section 8) |
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