Section 8 Evidence Act
Section 8 Evidence Act
Section 8 Evidence Act
conduct (Section 8)
(Prepared by Sharif Mollah)
(a) Motive-
The word, 'Motive' means " the reason behind the act or conduct or an act to be
achieved in doing an act". Motive differs from intention. Intention refers to
immediate consequences, on the other hand, motive refers to ultimate purpose
with which an act is done. An act may be done with bad intention but good
Motive.
Udaya Pal Singh Vs. State AIR 1972 SC 54, in this case, Court held that evidence
of motive is relevant under section 9 of Indian Evidence Act.
Kundula Vs State 1993, in this case, Supreme Court held that in a case based on
circumstantial evidence, motive assumes a great significance as its evidence in an
enlightening factor in a process of presumptive reasoning.
When there is a direct evidence, the evidence of motive is not much significant.
The evidence of Motive becomes important to corroborate the circumstantial
evidence.
Sakharam vs State AIR 1992 SC 758, in this case, Court held that absence of
motive may not be relevant when evidence is overwhelming but it is a plus point
in case where the evidence against the accused is only circumstantial
(b) Preparation - Preparation consists in arranging the means necessary for the
commission of a crime. Every crime is necessarily preceded by preparation.
Example- 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.
Evidence tending to show that the accused made a preparation to commit a
crime, it is always admissible.
(c) Conduct -
The Second Part of Section 8 (IEA) deals with the relevancy of the conduct, It
says, "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."
Conduct is different from the character. conduct is what a person is in the
estimation of others
Nagesh vs. State of Bihar AIR 1996 SC 119 - in this case, Court held that if the first
information report (FIR) is given by the accused himself, the fact of his giving
information is admissible against him as an evidence of his conduct.