Introduction:
The Bharatiya Sakshya Adhiniyam, 2023 (BSA), deals with the concepts of motive, preparation, and conduct under Section 6. In this article, we will examine the concepts in light of Section 6 of BSA.
1. Motive:
Motive, as outlined in Section 6(1), is the underlying reason or drive behind an action.
Establishing motive is important for understanding intent, culpability, and the broader context of an incident. For instance, in a case of alleged fraud, financial distress might be the motive, elucidating why an individual resorted to the offence of committing fraud.
Case laws to explain motive under Section 6 of BSA:
1. Kundula Bala vs. State of A.P:
Background: The case involved a son-in-law who, before his marriage, demanded a piece of land from the deceased. Despite the marriage, the deceased refused to transfer the property to the accused and intended to give it to their daughter.
Motive: The court emphasized a strong motive for the accused to commit the crime, considering the property dispute as a significant driving force.
2. Gurmej Singh vs. State of Punjab:
Background: The deceased successfully contested an election against the accused. A dispute arose when the accused diverted dirty water towards the deceased's house, leading to a quarrel.
Motive: The incident over the passage of dirty water was considered a potential motive for murder, and the court concluded that it wasn't weak enough to discourage the accused from committing the crime.
3. Rajendra Kumar vs. State of Punjab:
Background: The court held this case where the prosecution failed to prove a motive, and evidence regarding the commission of the offense was not definite.
Motive: The absence of a proven motive led to the conclusion that the accused could not be convicted. The court stressed the importance of establishing a motive for a successful prosecution.
2. Preparation:
Section 6(1) also emphasizes the relevance of preparation, signifying actions taken before the incident is a relevant fact.
For example, in a case involving planned criminal activity, such as cybercrime, the accused's research, acquisition of tools, or creation of false identities would constitute preparatory actions.
3. Conduct:
Section 6(2) makes the conduct of parties involved in legal proceedings a relevant fact. Conduct, whether prior or subsequent to the incident, becomes relevant if it is influenced by or influences any fact in issue.
For example, in a case of alleged domestic violence where the accused has a history of violent behavior. This prior conduct may influence the court's decision on the current incident, providing insights into patterns of behavior.
Let's take another example, in a corporate fraud case, if an individual attempts to conceal evidence or manipulate financial records after the fact, their post-incident conduct becomes pertinent. This conduct suggests an awareness of wrongdoing and can influence the court's assessment of guilt.
Explanation 1 clarifies that "conduct" does not include statements unless the statements explain the conduct. Mere statements will not be relevant under Section 6 of BSA.
Explanation 2 lays down regarding the relationship between conduct and statements. If a person's behavior is relevant, statements made to them or in their presence affecting their conduct are also deemed relevant.
FAQs on Motive, Preparation, and Conduct under Bharatiya Sakshya Adhiniyam, 2023 (BSA):
Q1: What is the significance of motive under Section 6 of BSA?
A1: Motive, as outlined in Section 6(1) of BSA, refers to the underlying reason or drive behind an action. For example, in a fraud case, financial distress could be the motive, explaining why someone turned to deceptive practices.
Q2: Can you provide examples of case laws illustrating the role of motive under Section 6 of BSA?
A2: Certainly. In the case of Kundula Bala vs. State of A.P, a property dispute served as a strong motive for the accused. Similarly, in Gurmej Singh vs. State of Punjab, a quarrel over dirty water was considered a potential motive for murder. These cases highlight how motive plays a significant role in legal proceedings.
Q3: How does Section 6(1) of BSA address the concept of preparation?
A3: Section 6(1) emphasizes the relevance of preparation, focusing on actions taken before the incident becomes a relevant fact. For example, in cases involving planned criminal activities like cybercrime, the accused's research, acquisition of tools, or creation of false identities are considered preparatory actions.
Q4: What role does conduct play under Section 6(2) of BSA?
A4: Section 6(2) makes the conduct of parties involved in legal proceedings a relevant fact. Conduct, whether before or after the incident, becomes relevant if it is influenced by or influences any fact in issue. In a domestic violence case, prior violent behavior serves as relevant conduct, providing insights into patterns of behavior.
Q5: Can you provide an example of how post-incident conduct is relevant in legal proceedings?
A5: Certainly. In a corporate fraud case, if an individual tries to conceal evidence or manipulate financial records after the incident, their post-incident conduct becomes pertinent. This conduct suggests an awareness of wrongdoing and can influence the court's assessment of guilt.
Q6: What does Explanation 1 clarify regarding "conduct" under Section 6 of BSA?
A6: Explanation 1 clarifies that "conduct" does not include mere statements unless the statements explain the conduct.
Q7: How does Explanation 2 highlight the interconnected nature of conduct and statements under Section 6 of BSA?
A7: Explanation 2 emphasizes that if someone's behavior is relevant, statements made to them or in their presence affecting their conduct are also considered relevant.
Notes on motive, preparation and conduct under BSA (Bharatiya Sakshya Adhiniyam)
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