Section 8 of Indian Evidence Act,1872 (Motive, preparation & Conduct) – Judiciary Exam

Table of Contents

Motive, Preparation and Conduct

Any fact is relevant which shows or constitutes a motive or preparation for any issue or relevant fact.
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, conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

The word “conduct” in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.

When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.
(a) A is tried for the murder of B.
The facts that A murdered C, that В knew that A had murdered C, and that В had tried to extort money from A by threatening to make his knowledge public, are relevant.
This shows motive.
(b) A is tried for the murder of В by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant. (Preparation)
The question is, whether A robbed B.
The facts that, after В was robbed, С said in A’s presence—“the police are coming to look for the man who robbed B,” and that immediately afterwards A ran away, are relevant. (Subsequent Conduct)

Section 8 deals with the relevancy of three principal facts, namely, motive, preparation and conduct.
The presence or absence of motive, evidence of preparation and previous or subsequent conduct of the parties are relevant and are very important elements in Civil and Criminal proceedings.

Fact which shows the motive or constitute motive.
Fact which shows preparation.
Fact which shows the previous or subsequent conduct of any party provided it is influenced by the fact in issue or relevant fact.
Statements accompanying and explaining act are relevant (Explanation 1).
Statements made in the presence and hearing of a person whose conduct is in issue, are relevant provided the statement affects such conduct (Explanation 2).