Bare Text of Section 8
Motive, preparation and previous or subsequent conduct.––Any fact is relevant which shows or
constitutes a motive or preparation for any fact in issue or relevant fact.
The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such
suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any
person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences
or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
Explanation 1.––The word “conduct” in this section does not include statements, unless those
statements accompany and explain acts other than statements; but this explanation is not to affect the
relevancy of statements under any other section of this Act.
Explanation 2.––When the conduct of any person is relevant, any statement made to him or in his
presence and hearing, which affects such conduct, is relevant.
Illustrations
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money
from A by threatening to make his knowledge public, are relevant.
(b) A sues B upon a bond for the payment of money, B denies the making of the bond.
The fact that, at the time when the bond was alleged to be made, B required money for a particular
purpose, is relevant.
(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B, is
relevant.
(d) The question is, whether a certain document is the will of A.
The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the
provisions of the alleged will relate; that he consulted vakils in reference to making the will, and that he
caused drafts of other wills to be prepared, of which he did not approve, are relevant.
(e) A is accused of a crime.
The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which
would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or
concealed evidence, or prevented the presence or procured the absence of persons who might have been
witnesses, or suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A’s presence –– “the police are coming to look for the
man who robbed B,” and that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing–– “I
advise you not to trust A, for he owes B 10,000 rupees,” and that A went away without making any
answer, are relevant facts.
(h) The question is, whether A committed a crime.
The fact that A absconded, after receiving a letter, warning him that inquiry was being made for the
criminal, and the contents of the letter, are relevant.
(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he absconded, or was in possession of
property or the proceeds of property acquired by the crime, or attempted to conceal things which were or
might have been used in committing it, are relevant.
(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the
circumstances under which, and the terms in which, the complaint was made, are relevant.
The fact that, without making a complaint, she said that she had been ravished is not relevant as
conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1),
or as corroborative evidence under section 157.
(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the
circumstances under which, and the terms in which, the complaint was made, are relevant.
The fact that he said he had been robbed, without making any complaint, is not relevant, as conduct
under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as
corroborative evidence under section 157.
Relevance of Motive, Preparation, and Conduct
Section 8 deals with the idea that the behavior, actions, or circumstances surrounding a fact can help in understanding the primary fact in dispute. It introduces the concepts of motive, preparation, and conduct, explaining how they relate to the facts being proven.
Motive refers to the reason or purpose behind a person’s actions, like why someone might commit a particular act. Preparation involves the steps taken by a person in advance to carry out a plan or crime. Conduct, on the other hand, pertains to the actions a person takes before, during, or after an event that could help in understanding the facts of the case.
Examples
Motive
If someone is charged with murder, evidence that shows the accused had a strong financial motive (for instance, the deceased was their business partner) could be admissible. This helps to establish why the accused may have committed the crime.
Preparation
If an individual is charged with a premeditated crime, the presence of a weapon or items used to prepare for the crime (like buying tools or materials) can be used as evidence under Section 8. These facts help to prove that the accused was not acting in the spur of the moment but had planned the act in advance.
Conduct
If, after committing a crime, the accused fled the scene or attempted to destroy evidence, such actions could suggest guilt. This conduct is relevant under Section 8 as it can indicate the accused’s involvement in the crime.
| Concept | Explanation | Example |
|---|---|---|
| Motive | The reason behind an action or event. Relevant when trying to prove intent. | Financial gain leading to a murder. |
| Preparation | Actions taken in advance to commit an act, showing prior planning or foresight. | Buying a weapon before committing a robbery. |
| Conduct | Actions before, during, or after the act that might suggest guilt, knowledge, or intent. | Fleeing the scene after committing a crime. |
Case Laws
State of Punjab v. S.S. Singh, AIR 1961 SC 493: The Supreme Court explained that evidence relating to the conduct of the accused before and after the crime could be used to infer their state of mind and intentions. Such conduct is deemed relevant under Section 8.
Shankar v. State of Haryana, (1987) 4 SCC 134: This case reiterated the relevance of preparatory actions and conduct in determining the motives behind the crime. The Court held that preparations made by the accused, if proved, can be used to establish that the crime was premeditated.
What is the difference between motive and preparation?
Motive refers to the reason behind an action, while preparation involves the steps taken to carry out the act.
