Section 6: Motive, Preparation and Conduct

Overview

Section 6 of the Bhartiya Sakshya Bill, 2023, allows courts to consider evidence that shows why someone might have done something (motive), what steps they took to get ready (preparation), and how they behaved before, during, or after the event in question (conduct). This helps the court understand the full picture and determine the truth.

Key Principles / Ingredients

• Type of Evidence: This section covers all types of evidence – oral testimony (what witnesses say), documentary evidence (letters, contracts, etc.), and electronic records (emails, messages, CCTV footage). It also applies to inferences drawn from conduct, which isn’t direct proof but suggests a fact.
• Conditions for Relevancy: The facts presented must have a connection to the case. They must help explain the motive, preparation, or conduct of a party involved. The connection doesn’t have to be direct; it can be circumstantial.
• Burden of Proof: Section 6 doesn’t *shift* the burden of proof (which always rests on the prosecution in criminal cases, or the plaintiff in civil cases). It simply allows the court to consider additional evidence to assess the credibility and likelihood of the facts presented by either side. It helps in evaluating the overall case.

How Courts Use this Provision

Judges use Section 6 to build a complete understanding of the events. They look at the actions and statements of the parties involved to determine their intentions and whether their behaviour aligns with their claims. This is particularly useful when direct evidence is limited. The court will assess if the motive, preparation or conduct makes a particular version of events more or less probable.

Illustrations and Examples

• Example 1: In a theft case, evidence that the accused had recently been asking friends about the security system at the victim’s house (preparation) and was deeply in debt (motive) is relevant, even if there’s no direct proof they committed the theft.
• Example 2: In a contract dispute, evidence that a party repeatedly delayed signing the agreement and made several contradictory statements about its terms (conduct) can be used to show they didn’t genuinely intend to be bound by the contract. This is more complex because it requires interpreting behaviour, but it’s still admissible.

Important Provisos / Explanations

The Bhartiya Sakshya Bill, 2023 doesn’t include any specific provisos or explanations attached to Section 6. The section operates on the general principles of relevancy, allowing the court discretion to consider the presented facts.

Difference from Old Evidence Act (if applicable)

Section 6 largely mirrors the principles of Section 8 of the Indian Evidence Act, 1872. The Bhartiya Sakshya Bill, 2023 aims for greater clarity and simplification, but the core concept of admitting evidence relating to motive, preparation, and conduct remains consistent.

Key Takeaways

• Section 6 allows evidence of motive, preparation, and conduct.
• All types of evidence are covered (oral, documentary, electronic).
• It doesn’t shift the burden of proof, but aids in assessing credibility.
• The evidence must have a logical connection to the case.