Section 6 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

10 Jun 2025 --
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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.

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.

🔍 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.

In another notable case, pre-existing hostility (e.g., refraining from sharing “dirty water”) was later considered motive supporting the charge.

🧩 Section 6 in Context

Falls under Chapter II (Relevancy of Facts), following Sections 4 & 5 and preceding Section 7.

This mirrors Section 8 of the old Indian Evidence Act, 1872, with updated framing in the new Act.

✅ 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.