Section 8: Motive, preparation and previous or subsequent conduct

Civil Law

Section 8: Motive, preparation and previous or subsequent conduct

Illustrations

(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 vakils in reference to making the will, and that he caused drafts or 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 proved evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed the evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or, suborned persons to give false evidence representing it, are relevant.

(f) The questions 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 man who robbed B”, and that immediately afterwards A ran away, are relevant.

(g) The question is whether A owes B Rs. 10,000/-

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 10,000 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 him that inquiry was being made for the criminal and the contents of the letter, are relevant.

  • A is accused of crime.

The facts that, after the commission of the alleged crime, he absconded, or was in possession of the 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 ravished.

The facts that, shortly after the alleged rape, she 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, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant, as a dying declaration under section 32, clause (1) or as corroborative evidence under section 157.

 

 

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