Section 8 of Indian Evidence Act 1872: Motive, Preparation and Previous or Subsequent Conduct

Section 8 of the Indian Evidence Act, 1872 dealt with the relevancy of facts showing motive or preparation and with conduct connected to a fact in issue or a relevant fact. This article explains the provision as it stood immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force.

Section 8: Motive, Preparation and Previous or Subsequent Conduct

Under the Indian Evidence Act, a fact becomes relevant under Section 8 when it shows or constitutes a motive or preparation for a fact in issue or a relevant fact. The section also makes specified conduct relevant when that conduct influences, or is influenced by, a fact in issue or a relevant fact.

What is Motive under Section 8?

Motive is the reason or inducement that may move a person toward a particular act. Section 8 does not declare motive to be an essential ingredient of every offence or civil claim; rather, a fact showing motive is relevant when it bears upon a fact in issue or another relevant fact. A proved motive may therefore assist the court in understanding why an alleged act may have occurred, while absence of proved motive does not by itself decide the case.

The original illustration concerning a murder prosecution shows the principle: evidence that the deceased knew of an earlier murder allegedly committed by the accused and had tried to extort money by threatening disclosure is relevant because it supplies a possible motive for the alleged murder.

What is Preparation under Section 8?

Preparation refers to acts or arrangements made in advance for carrying out an intended act. Evidence of preparation may connect a person with a later event when the preparation relates to a fact in issue or relevant fact. Examples in Section 8 include a person's need for money when execution of a bond is disputed, procurement of similar poison before an alleged poisoning, and steps taken in relation to the preparation of a disputed will.

Previous and Subsequent Conduct

Section 8 treated certain conduct occurring either before or after the relevant event as relevant. The conduct must have the statutory relationship with the suit, proceeding, fact in issue or relevant fact. Mere behaviour having no such connection does not become relevant simply because it occurred before or after the event.

Examples of potentially relevant subsequent conduct in the statutory illustrations include destroying or concealing evidence, preventing witnesses from being present, procuring false evidence, running away after hearing that police are searching for the offender, absconding after a warning, possessing property obtained through the crime, or attempting to conceal objects connected with its commission. Such facts are evidence to be assessed with the rest of the case; the section itself does not make any one form of conduct conclusive proof.

Explanations to Section 8

Explanation 1: Conduct and statements

The expression conduct does not ordinarily include statements. A statement may, however, form part of relevant conduct when it accompanies and explains acts other than statements. Explanation 1 also preserves the possible relevancy of a statement under another provision of the Indian Evidence Act.

Explanation 2: Statements affecting relevant conduct

Where a person's conduct is relevant, a statement made to that person, or made in that person's presence and hearing, is relevant if the statement affects that conduct. The focus is on the effect of the statement upon conduct that is itself relevant.

Illustrations to Section 8

The statutory illustrations explain how motive, preparation and conduct operate in different factual settings:

1. Motive in a murder case: Earlier events showing a reason for the accused to silence the deceased may be relevant.
2. Need for money: In a suit on a disputed bond, the defendant's need for money for a particular purpose at the relevant time may be relevant.
3. Procurement of poison: Obtaining poison similar to that allegedly administered to the deceased before the death may be relevant preparation.
4. Preparation of a will: Inquiries, consultation with lawyers and preparation of earlier drafts relating to an alleged will may be relevant.
5. Manipulating evidence: Acts intended to create a favourable appearance, destroy or conceal evidence, keep witnesses away or procure false evidence may be relevant.
6. Reaction to a police warning: Running away immediately after hearing in one's presence that police are looking for the robber may be relevant conduct.
7. Reaction to an accusation about debt: A statement made in a person's presence and the person's reaction may be relevant where that reaction constitutes relevant conduct.
8. Absconding after a warning: Absconding after receiving a letter warning that inquiry is being made for the offender, together with the contents affecting that conduct, may be relevant.
9. Post-offence conduct: Absconding, possession of proceeds of crime or concealment of objects connected with the offence may be relevant.
10. Complaint after alleged rape: A complaint made shortly after the alleged offence, including its circumstances and terms, may be relevant as conduct. A bare statement without the relevant conduct was treated differently, though it could be relevant under another provision such as Section 32(1) or Section 157.
11. Complaint after alleged robbery: A complaint soon after the alleged robbery, including its circumstances and terms, may be relevant as conduct; a statement without the relevant conduct may require another provision for admissibility.

Key Points on Section 8

This page explains the Indian Evidence Act, 1872 position immediately before commencement of the Bharatiya Sakshya Adhiniyam, 2023. For proceedings governed by the new law, refer to the Bharatiya Sakshya Adhiniyam, 2023 and its applicable provisions.