BSA - Bharatiya Sakshya Adhiniyam, 2023

Section 6 in THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA

Motive, preparation and previous or subsequent conduct.

  1. (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.
    Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

6
(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.

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