BSA Section 6 — Motive, preparation and previous or subsequent conduct

Summary

Sub-section (1) states that any fact which shows or forms a motive or preparation for a fact that is in issue or a relevant fact is itself relevant.

Sub-section (2) states that the conduct of any party to a suit or proceeding, or of any agent of such a party, is relevant if that conduct relates to the suit or proceeding or to any fact in issue or relevant fact in it. It also states that the conduct of any person against whom an offence is the subject of a proceeding is relevant. Such conduct is relevant if it influences or is influenced by any fact in issue or relevant fact, and it does not matter whether the conduct happened before or after that fact.

Explanation 1 clarifies that the word conduct in this section does not include statements, unless those statements accompany and explain acts other than statements. However, this clarification does not affect the relevancy of statements under any other section of this Adhiniyam.

Explanation 2 states that when the conduct of any person is relevant, any statement made to that person, or made in that person's presence and hearing, which affects such conduct, is also relevant.

Illustration (a) gives an example where A is tried for the murder of B. The facts that A murdered C, that B knew A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are all relevant.

Illustration (b) gives an example where A sues B on a bond for payment of money, and B denies making the bond. The fact that at the time the bond was allegedly made, B needed money for a particular purpose, is relevant.

Illustration (c) gives an example where A is tried for the murder of B by poison. The fact that before B's death, A procured poison similar to that administered to B, is relevant.

Illustration (d) deals with the question of whether a certain document is the will of A. The facts that shortly before the date of the alleged will, A made inquiries into matters related to the will's provisions, consulted advocates about making the will, and caused drafts of other wills to be prepared which he did not approve, are relevant.

Illustration (e) gives an example where A is accused of a crime. The facts that either before, at the time of, or after the alleged crime, A provided evidence to make the case appear favourable to himself, or destroyed or concealed evidence, or prevented the presence or procured the absence of possible witnesses, or suborned persons to give false evidence, are relevant.

Illustration (f) deals with the question of whether A robbed B. The facts that after B was robbed, C said in A's presence that the police were coming to look for the person who robbed B, and that immediately afterwards A ran away, are relevant.

Illustration (g) deals with the question of whether A owes B ten thousand rupees. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing that he advised C not to trust A because A owed B ten thousand rupees, and that A went away without answering, are relevant.

Illustration (h) deals with the question of whether A committed a crime. The fact that A absconded after receiving a letter warning A that inquiry was being made for the criminal, and the contents of that letter, are relevant.

Illustration (i) gives an example where A is accused of a crime. The facts that after the alleged crime, A absconded, or was in possession of property or proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

Illustration (j) deals with the question of whether A was raped. The fact that shortly after the alleged rape, A made a complaint relating to the crime, along with the circumstances and terms of that complaint, are relevant. The fact that A said A had been raped without making a complaint is not relevant as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160.

Illustration (k) deals with the question of whether A was robbed. The fact that soon after the alleged robbery, A made a complaint relating to the offence, along with the circumstances and terms of that complaint, are relevant. The fact that A said he had been robbed without making any complaint is not relevant as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160.

Official Text

(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.

(2) 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.

Explanation 1.—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 Adhiniyam.

Explanation 2.—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.

Illustrations.

(a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant.

(b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant.

(c) 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.

(d) The question is, whether a certain document is the will of A. The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he consulted advocates in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant.

(e) A is accused of a crime. The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.

(f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A's presence— “the police are coming to look for the person who robbed B”, and that immediately afterwards A ran away, are relevant.

(g) The question is, whether A owes B ten thousand rupees. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing—“I advise you not to trust A, for he owes B ten thousand rupees”, and that A went away without making any answer, are relevant facts.

(h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter, warning A that inquiry was being made for the criminal, and the contents of the letter, are relevant.

(i) A is accused of a crime. The facts that, after the commission of the alleged crime, A absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

(j) The question is, whether A was raped. The fact that, shortly after the alleged rape, A made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, A said that A had been raped is not relevant as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160.

(k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, A made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that A said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160.

Sections referred to

• BSA §26 — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
• BSA §160 — Former statements of witness may be proved to corroborate later testimony as to same fact

Referred to by

• BSA §7 — Facts necessary to explain or introduce fact in issue or relevant facts
• BSA §37 — Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

Related Judgments

• Rekha Angara, Ms. Sana Singh, Mr; Pankaj; Yadav; and; Ms.; Diskha; Nar vs STATE NCT OF DELHI & ANR — Delhi High Court (2025)
• RAKESH vs STATE — Delhi High Court (2020)
• LIFE INSURANCE CORPORATION OF INDIA vs ESCORTS LTD, & ORS — Supreme Court of India (1985)
• P.V. NARASIMHA RAO ETC. ETC. vs STATE (CBL/SPE) ETC. ETC — Supreme Court of India (1998)

Old <-> New Code Mapping

• IEA §8 — Motive, preparation and previous or subsequent conduct