Section 6 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the relevancy of certain facts, specifically:
📝 Section 6 – Motive, preparation and previous or subsequent conduct
Under this provision:
Motive & Preparation
Any fact that establishes motive or shows preparation for a fact in issue is deemed relevant.
For example: acquiring tools or researching for a crime → shows planning/preparation.
Previous or Subsequent Conduct
Conduct before or after an event, which sheds light on the fact in issue, is relevant.
For instance: an accused's actions after a crime—destroying evidence, hiding, etc.—can suggest awareness of guilt and thus be admissible under Section 6(2) of BSA 2023. (indiankanoon.org, myjudix.com)
Explanation included in clarifications:
“Conduct” doesn’t include mere statements—unless such statements are used to explain the conduct.
However, if the conduct is relevant, then any statements made affecting or explaining the conduct may also be relevant. (myjudix.com)
🔍 Why it matters
Motive & Preparation help the court understand why and how an offence was committed—providing crucial context.
Conduct before or after the act can reveal a pattern or state of mind, notably consciousness of guilt, which may be pivotal.
⚖️ Illustrative Judicial Examples
Rajendra Kumar vs. State of Punjab: The court dismissed the charge due to absence of proven motive. (myjudix.com)
In another notable case, pre-existing hostility (e.g., refraining from sharing “dirty water”) was later considered motive supporting the charge. (myjudix.com)
🧩 Section 6 in Context
Falls under Chapter II (Relevancy of Facts), following Sections 4 & 5 and preceding Section 7. (indiacode.nic.in)
This mirrors Section 8 of the old Indian Evidence Act, 1872, with updated framing in the new Act. (cytrain.ncrb.gov.in)
✅ In Summary
| Component | What It Covers |
|---|---|
| Motive | Reason or intent behind the act |
| Preparation | Actions and planning leading up to the act |
| Previous/Subsequent Conduct | Behavior before or after indicating guilt or intent |
Section 6 broadens the evidentiary scope, helping courts assess intent and culpability more effectively by including behavior connected to the crime but outside the immediate act itself.
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