Relevant facts about conduct

Relevant facts about conduct

(k) The question is, whether A was robbed.

The facts that, soon after the alleged robbery, he 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 he 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 section 32, clause (1) or as corroborative evidence under section 157.

COMMENTS

As far as criminal cases are concerned, prosecution is not expected to prove the motive of any offence in as much as motive is known only to the perpetrator of the crime and may not be known to others. Upon the prosecution proving the motive, court has to consider whether it is adequate – State of Haryana v. Sher Singh AIR 1981 SC 1021

Section 9: Facts necessary to explain or introduce relevant facts

Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.

Illustrations

  • The question is, whether a given document is the Will of A.

The state of A’s property and of his family at the date of the alleged Will may be relevant facts.

  • A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libelous is true.

The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue.

The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B

  • A is accused of crime

The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 8, as conduct subsequent to and affected by facts in issue

The fact that, at the time when he left home he had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact, that he left home suddenly.

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