Section 6 of BSA, 2023 explains the relevancy of facts relating to motive, preparation, and previous or subsequent conduct in judicial proceedings. It helps courts examine circumstances that may establish why an act occurred, whether a person prepared for it, and how the parties behaved before or after the incident. This provision is particularly important for law students, judiciary aspirants, APO candidates, and legal professionals studying the law of evidence.
What Is BSA Section 6?
BSA Section 6 deals with the relevancy of facts that indicate motive or preparation for a fact in issue or relevant fact. It also addresses the conduct of parties, their agents, and the person against whom an offence is alleged.
This provision corresponds to Section 8 of the former Indian Evidence Act, 1872. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024.
The section covers three important concepts:
- Motive behind an act.
- Preparation for an act.
- Previous or subsequent conduct connected with a relevant fact or fact in issue.
These concepts help courts evaluate surrounding circumstances while determining the relevance of evidence in a case.
1. Motive Under BSA Section 6
BSA Section 6 explains the relevancy of motive in judicial proceedings. Evidence of motive can help courts understand the reason behind an alleged offence, especially in cases based on circumstantial evidence.
Motive means the reason that may lead a person to perform a particular act. It explains why someone might have committed an offence, although motive alone does not establish guilt.
For example, suppose A is accused of murdering B. Evidence shows that B repeatedly demanded repayment of a loan from A, and the dispute created hostility between them. These circumstances may indicate a possible motive for the alleged offence.
Difference Between Motive and Intention
Motive and intention are related but distinct concepts.
- Motive: Why did the person allegedly commit the act?
- Intention: What did the person intend to do when performing the act?
For instance, a person may allegedly kill another to avoid repaying a debt. Avoiding repayment may be the motive, while deliberately causing the person’s death may indicate intention.
Motive can be especially significant in cases based on circumstantial evidence. However, failure to establish motive does not automatically defeat the prosecution if the other evidence sufficiently establishes guilt under the applicable legal standard.
2. Preparation Under bSA Section 6
Under BSA Section 6, facts showing preparation for an alleged act are relevant. Such facts may include purchasing a weapon, arranging necessary materials, or taking steps to carry out an alleged offence.
Preparation refers to steps taken in advance to facilitate an alleged act. Facts showing preparation may become relevant when they relate to a fact in issue or another relevant fact.
Consider a case in which A is accused of poisoning B. Evidence shows that A obtained poison similar to the substance allegedly administered to B before the death.
The purchase may constitute evidence of preparation. However, the court must evaluate this circumstance alongside the remaining evidence rather than treating it as conclusive proof of guilt.
Another example concerns a disputed will. If A allegedly prepared a will, evidence that A consulted lawyers, investigated matters addressed in the document, and arranged drafts may help establish whether the document was genuinely prepared by A.
Also read –BSA section 5
3. Previous and Subsequent Conduct
BSA Section 6 also covers previous and subsequent conduct connected with a fact in issue. Such conduct may include concealing evidence, absconding, or making a complaint after an alleged offence.
BSA Section 6 also makes certain conduct relevant when it influences, or is influenced by, a fact in issue or relevant fact. The conduct may occur before or after the relevant event.
Examples include:
- Threatening a person before an alleged offence.
- Attempting to destroy or conceal evidence.
- Trying to influence witnesses to give false evidence.
- Leaving the scene or absconding after an alleged offence.
- Making a complaint shortly after an alleged robbery or other offence.
Such behaviour must be assessed in context. For example, absconding may be relevant, but it does not independently prove that a person committed the offence.
Whose Conduct Is Relevant?
The provision covers the conduct of a party or an agent of a party in a suit or proceeding. It also addresses the conduct of a person against whom an offence is alleged to have been committed.
This can include the conduct of an accused, a victim, or a party in a civil dispute, provided the statutory requirements are satisfied.
The conduct must have a meaningful connection with the relevant facts or the proceedings. Ordinary behaviour unrelated to the dispute does not automatically become relevant evidence.
Also read –BSA section 4
4. Are Statements Relevant Under BSA Section 6?
The explanations to Section 6 clarify how statements relate to conduct.
Explanation 1: Conduct does not ordinarily include statements unless the statements accompany and explain acts other than statements. This rule does not affect the relevance of statements under other provisions of the Adhiniyam.
For example, if a person runs away while shouting that someone is attacking them, the accompanying words may explain the person’s conduct.
Explanation 2: When a person’s conduct is relevant, a statement made to that person, or in their presence and hearing, that affects their conduct is also relevant.
For instance, if someone says that the police are arriving to arrest the person responsible for a robbery and the accused immediately runs away, the statement and the subsequent conduct may be relevant under the section.
A complaint made shortly after an alleged offence may also be relevant. The statutory illustrations distinguish such a complaint from a mere statement that an offence occurred, although that statement may be relevant under another provision where applicable.
Also read –BSA section 3
5. Importance of BSA Section 6 in Criminal Cases
Understanding BSA Section 6 is important for judiciary aspirants and law students because it explains how motive, preparation, and conduct become relevant evidence in judicial proceedings.
Courts may examine motive, preparation, and conduct to understand the circumstances surrounding an alleged offence.
In Chetan v. State of Karnataka (2025), the Supreme Court discussed the principles governing circumstantial evidence and observed that proof of motive is not essential when the circumstances establish guilt through a complete and unbroken chain excluding reasonable doubt.
The case highlights the importance of evaluating all relevant circumstances together rather than relying on a single fact.
Frequently Asked Questions (FAQs)
1. What is BSA Section 6?
It deals with facts showing motive or preparation and with relevant previous or subsequent conduct connected to a fact in issue or relevant fact.
2. What was the corresponding provision under the Indian Evidence Act?
The corresponding provision was Section 8 of the Indian Evidence Act, 1872.
3. What is the difference between motive and intention?
Motive explains why a person may act, whereas intention concerns the purpose or mental direction accompanying the act.
4. Is motive essential to prove every criminal case?
No. The absence of established motive does not automatically defeat a prosecution when other evidence sufficiently establishes guilt.
5. Is the conduct of an accused relevant under BSA Section 6?
Yes, when it satisfies the statutory requirements, including the necessary connection with a fact in issue or relevant fact.
6. Are statements relevant under BSA Section 6?
Statements are not ordinarily included in conduct unless they accompany and explain other acts. Statements may also be relevant under other applicable provisions.
7. Is absconding after an alleged offence relevant?
It may be relevant as subsequent conduct, but it does not by itself establish guilt.
8. When did the Bharatiya Sakshya Adhiniyam come into force?
The Act came into force on 1 July 2024.
Conclusion: Section 6 of Bharatiya Sakshya Adhiniyam provides an important framework for assessing motive, preparation, and conduct in judicial proceedings. Understanding its explanations and illustrations helps law students distinguish relevant circumstances from evidence that conclusively establishes an allegation.
