Section 8 of Evidence Act "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 subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact ins issue or relevant fact, and whether it was previous or subsequent thereto.
Explanation 1- The work "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 2When 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 B had tried to had 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 bound 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 the consulted vakils in
reference to making the will, and that he caused drafts or
other wills to be prepared of which he did not approve, are
relevant.
(e) A is accused of a crime.
The acts that, either before or at the time of, or after the
alleged crime, A proved evidence which would tend to give to
the facts of the case an appearance favorable 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 and As
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 As presence and hearing- "I advise you not to trust
A, for he 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 of the
proceeds of property acquired by the crime, or attempted to
conceal things which were or might have been used in
committing if, 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
What is May presume Section 4 of Indian Evidence Act 1872
What is Relevancy of facts forming part of same transaction Section 6 of Indian Evidence Act 1872
Motive, preparation and previous or subsequent conduct Section 8 of Indian Evidence Act 1872
What is Facts necessary to explain or introduce relevant facts Section 9 of Indian Evidence Act 1872