Bharatiya Sakshya Adhiniyam, 2023

Section 6 BSA: Motive, Preparation and Previous or Subsequent Conduct

Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) makes facts showing motive or preparation, and certain previous or subsequent conduct, relevant when they are connected with a fact in issue or another relevant fact. The BSA is Act 47 of 2023 and came into force on 1 July 2024.

Current law: Section 6 BSA is the provision governing motive, preparation and relevant conduct under the Bharatiya Sakshya Adhiniyam, 2023. It broadly corresponds to Section 8 of the former Indian Evidence Act, 1872.

Meaning of Section 6 BSA

MotiveThe reason, object or inducement that may explain why a person acted in a particular way. Motive can be relevant even though it is not itself the act in issue.

PreparationActs or arrangements made in advance which may show that a person was getting ready to carry out a relevant act.

ConductRelevant behaviour before or after the event when that behaviour influences, or is influenced by, a fact in issue or relevant fact.

The section is a rule of relevancy. It does not by itself declare that motive, preparation or conduct proves guilt or liability. The court must assess such facts together with the other admissible evidence and the circumstances of the case.

Section 6 - Statutory Text

6. (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.

How Section 6 Operates

Section 6 recognises that surrounding behaviour can help explain disputed events. A fact showing a reason for an act may be relevant as motive; an act showing advance arrangements may be relevant as preparation; and behaviour before or after an event may be relevant when it has the required connection with a fact in issue or relevant fact.

Motive is relevant: a financial, personal or other reason connected with the disputed act may help explain why it occurred.
Preparation is relevant: procuring an instrument, arranging resources or taking preparatory steps may be relevant to the alleged act.
Prior and subsequent conduct may be relevant: conduct can fall within the section whether it happened before or after the fact in issue.
Statements are generally not "conduct" by themselves: Explanation 1 limits their use as conduct unless they accompany and explain acts, without affecting any separate rule making a statement relevant.
Statements affecting conduct may be relevant: under Explanation 2, a statement made to a person, or in that person's presence and hearing, may be relevant when it affects relevant conduct.

Illustrations under Section 6

(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, at the time of, or after the alleged crime, A provided evidence which would tend to give the facts of the case an appearance favourable to himself, destroyed or concealed evidence, 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, 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.

Section 6 BSA and the Former Evidence Act

The subject matter of Section 6 BSA broadly corresponds to Section 8 of the Indian Evidence Act, 1872. The BSA retains the core evidentiary rule concerning motive, preparation and conduct, while using updated drafting in parts of the illustrations. For proceedings governed by the BSA, the current statutory reference should be Section 6 of the Bharatiya Sakshya Adhiniyam, 2023.

Related BSA Provisions

For the surrounding rules on relevancy of facts, see Section 5 - facts which are occasion, cause or effect of facts in issue or relevant facts, Section 7 - facts necessary to explain or introduce a fact in issue or relevant fact, Section 8 - things said or done by conspirator in reference to common design, and Section 9 - when facts not otherwise relevant become relevant.

Updated: 12 September 2026. Always verify the current statutory text and any applicable judicial interpretation before relying on a provision in a proceeding.