Makes motive, preparation, and conduct relevant in proving disputed facts.
Introduction
Section 6 of the Bharatiya Sakhshya Adhiniyam, 2023 declares that facts showing motive, preparation, and the previous or subsequent conduct of any party are relevant when such facts influence or relate to facts in issue or relevant facts. This provision plays a crucial role in criminal adjudication, particularly in cases based on circumstantial evidence, by allowing courts to examine behavioural indicators surrounding the commission of an offence.
It reflects a foundational evidentiary principle that human conduct often explains the occurrence of criminal acts.
Objective of the Provision
The objective of Section 6 is to assist courts in determining the probability of the existence or non-existence of facts in issue by permitting evidence relating to motive, preparation, and conduct. The provision aims to:
- establish the mental background behind criminal acts
- identify steps taken before commission of offences
- examine behaviour before and after the occurrence
- strengthen circumstantial evidence
- assist courts in drawing logical inferences regarding intention
This provision helps bridge gaps where direct evidence may be unavailable.
Meaning / Concept
Section 6 recognizes three important evidentiary components relevant to criminal liability.
Motive
Motive refers to the reason that prompts a person to commit an act. Although motive is not always necessary to prove an offence, it strengthens the prosecution case where direct evidence is limited.
Examples include:
- financial disputes
- personal rivalry
- revenge
- property conflicts
- political or professional hostility
Preparation
Preparation refers to acts performed before the commission of an offence indicating readiness to commit it.
Examples include:
- purchasing weapons
- arranging transportation
- collecting materials for execution of a crime
- planning meetings before committing an offence
Previous conduct
Previous conduct refers to behaviour of a party before the occurrence of the fact in issue which indicates intention, planning, or hostility.
Subsequent conduct
Subsequent conduct refers to behaviour after the occurrence that reflects consciousness of guilt or innocence.
Examples include:
- absconding after the offence
- destroying evidence
- threatening witnesses
- assisting injured persons
- reporting the incident voluntarily
Both previous and subsequent conduct become relevant when they influence or relate to facts in issue.
Also Read: Section 3 – Evidence may be given of facts in issue and relevant facts – BSA 2023
Detailed Explanation of the Section
Section 6 provides that facts showing motive or preparation for any fact in issue or relevant fact are relevant.
It further provides that the conduct of any party, or of any agent to such party, whether previous or subsequent to the occurrence, is relevant if such conduct influences or is influenced by any fact in issue or relevant fact.
Key features of the provision include:
- recognition of motive as an important evidentiary circumstance
- admissibility of acts showing preparation before an offence
- admissibility of behaviour before and after occurrence
- inclusion of conduct of agents acting on behalf of parties
- requirement that such conduct must relate to facts in issue or relevant facts
The provision ensures that courts may consider behavioural patterns connected with disputed events.
Procedure or Legal Framework
In practice, courts apply Section 6 through a structured evaluative process.
The court first identifies the fact in issue.
It examines whether any evidence indicates motive behind the occurrence.
It determines whether acts of preparation existed before the offence.
It evaluates previous conduct of the parties connected with the occurrence.
It examines subsequent conduct indicating guilt, innocence, or knowledge.
If these behavioural elements show logical connection with facts in issue, they are admitted as relevant evidence.
The weight of such evidence depends on surrounding circumstances and corroboration.
Judicial Interpretation
Judicial interpretation of the corresponding provision under the Indian Evidence Act, 1872 continues to guide application of Section 6 of the Bharatiya Sakhshya Adhiniyam, 2023.
State of Uttar Pradesh v. Babu Ram (2000)
The Supreme Court held that motive assumes importance in cases based on circumstantial evidence and helps establish the chain of events pointing toward guilt.
Sharad Birdhichand Sarda v. State of Maharashtra (1984)
The Court emphasized that motive and preparation form essential links in cases dependent entirely on circumstantial evidence and must be examined along with other circumstances forming a complete chain.
Matru v. State of Uttar Pradesh (1971)
The Supreme Court observed that absence of proof of motive does not necessarily weaken the prosecution case where reliable direct evidence exists.
Prakash Chand v. State (Delhi Administration) (1979)
The Court held that subsequent conduct such as absconding may be relevant but cannot by itself establish guilt unless supported by other evidence.
These decisions clarify the evidentiary value and limitations of motive and conduct evidence.
Importance of the Provision
Section 6 plays a vital role in criminal justice administration because it:
- assists in establishing intention behind offences
- strengthens circumstantial evidence
- enables courts to examine behavioural indicators
- helps reconstruct pre-offence planning
- explains post-occurrence reactions
- supports logical inference regarding culpability
It is particularly important in cases involving homicide, conspiracy, fraud, and offences lacking eyewitness testimony.
Connection with Other Sections
Section 6 operates within the broader framework of relevancy provisions under the Bharatiya Sakhshya Adhiniyam, 2023 and is closely connected with provisions relating to:
- facts forming part of the same transaction
- facts constituting occasion, cause, or effect
- admissions and confessions
- conspiracy-related evidence
- character evidence in limited circumstances
Corresponding provision under the Indian Evidence Act, 1872
Section 6 of the Bharatiya Sakhshya Adhiniyam, 2023 corresponds to Section 8 of the Indian Evidence Act, 1872, which governed relevancy of motive, preparation, and conduct.
Illustrative Example
Suppose an accused person is charged with poisoning another individual.
Evidence showing that the accused purchased poison a day before the incident becomes relevant as preparation.
Evidence showing prior disputes between the accused and the victim becomes relevant as motive.
Evidence showing that the accused attempted to destroy the poison container after the incident becomes relevant as subsequent conduct.
Together, these facts strengthen the evidentiary chain under Section 6.
Conclusion
Section 6 of the Bharatiya Sakhshya Adhiniyam, 2023 makes motive, preparation, and previous or subsequent conduct relevant when connected with facts in issue or relevant facts. By allowing courts to examine behavioural and circumstantial indicators surrounding an occurrence, the provision strengthens evidentiary reasoning and supports accurate determination of criminal responsibility.
