Code
(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.
Explanation
Section 6 brings into focus three important aspects that can form circumstantial or
The section allows both pre-event and post-event behavior to be considered relevant. Importantly, it distinguishes between “conduct” and “statements,” clarifying that statements alone aren’t treated as conduct unless they accompany an act. 🔸 Q1. How is “motive” different from “intention”? Motive is the underlying reason (like revenge), while intention is the mental decision to do the act. 🔸 Q2. What does “conduct” include? Conduct includes physical acts that influence or are influenced by the matter in question — not mere words, unless those words explain actions. 🔸 Q3. Is absconding always treated as a sign of guilt? Not always. Absconding may raise suspicion but is not conclusive proof. The context matters. 🔸 Q4. What if someone destroys evidence unknowingly? For such conduct to be relevant, it must connect with a fact in issue and be intentional.
Illustrations
Common Questions and Answers
