Section -8 IEA- Motive, preparation and previous or subsequent conduct

Section -8 IEA

Sec. 7 of IEA

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 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.

  • 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.

Case    Law-

Parvathi         v.         Thirumalai     ILR     10        Mad    334

Statement – In case of statement is only bare statement of fact

Complaint-Complaint is a statement made to a person in authority with the view to obtain redress or       punishment

E.g.     To        Police  officer or         to         parent

Different between Motive and intention

  • Motive is mentioned u/s 8 whereas intention is mentiond u/s 14.
  • Motive is inducing cause of crime whereas intention is a purpose of mental state with which criminl act is committed.

Motive may be good but intention is bad

Eg. Save the life of a child is a good motive but for completing the motive to steal the food is a bad intention.

Case Law-

State of Maharashtra v. Bhanu Dass Sommanna 1997 Cr.LJ 3205(Bom)

It was held that Motive however grave cannot take the place of proof

Whether Motive is necessary part of crime?

No, Motive is n’t necessary for commission of crime.but it is always a relevant fact in any case.

Where eye witness available and his testimaony is impeachable, Motive is not necessary whereas under case of circumtancial evidence Motive is necessary.

Case Law-

Paramjeet Singh v. State of Uttrakhand AIR 2011 SC 200

It was held that Motive is used as a link of chain a crime

What is a preparation under section 8 of Indian Evidence Act

Arranging or devising means necessary for the commission of the crime.

Thus Conduct of accused /victim/ witnesses also relevant u/s 8.

Whether the Conduct of Third person is also relevant under section 8, IEA?

Case Law-

Vikram Jeet Singh v. State of Punjab (2006) 12 SCC 306  

The conduct of a third person in any event is whooly irrelevant unless the same has direct nexus in proving the crime.

Section -8 IEA

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