Amir and Bhanu were business partners. They had a serious dispute over profit-sharing. A week later to this dispute, Bhanu was found dead due to poisoning. Investigation revealed that Amir had purchased a rare poison sho
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Amir and Bhanu were business partners. They had a serious dispute over profit-sharing. A week later to this dispute, Bhanu was found dead due to poisoning. Investigation revealed that Amir had purchased a rare poison shortly before Bhanu's death and was heard saying that he will regret this betrayal. After Bhanu's death, Amir was seen destroying several financial records related to their business. Discuss the relevancy of the above facts in the light of Section 6 of the Bharatiya Sakshya Adhiniyam, 2023.
Answer & Explanation:
According to Section 6 of the Bhartiya Sakshya Adhiniyam 2023, any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. 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. 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. 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. Motive means which moves a person to act in a particular way. The substantive law is rarely concerned with motive, but the existence of a motive, from the point of view of evidence would be a relevant fact, in every criminal case. When the question is as to whether a person did a particular act, the fact that he made preparations to do it, would certainly be relevant for the purpose of showing that he did it. In the given situation: Amir had a serious dispute over profits-sharing with Bhanu, which shows a motive for harming Bhanu, making it a relevant fact. The fact that Amir purchased a rare poison a week before Bhanu's death constitutes preparation, which is also a relevant fact under this section. Amir's statement, "He will regret this betrayal," though not a direct confession, reflects his mental state and conduct, and is therefore relevant. After Bhanu's death, Amir's act of destroying financial records related to their business constitutes subsequent conduct, which may indicate an attempt to conceal evidence and is relevant to the investigation.
Topics: Bharatiya Sakshya Adhiniyam, 2023
Related Questions in this Topic
- Discuss the provisions related to discharge of surety under the Indian Contract Act, 1872.
- Under the Right to Information Act, 2005, certain organizations are excluded from its purview. Explain which agencies ar...
- Discuss the distinction between a Decree-holder and a Judgement-debtor under the Code of Civil Procedure, 1908. Give exa...
- Explain the constitutional provisions governing government contracts under the Constitution of India. Discuss the essent...
- Ravi, a warehouse supervisor, is entrusted by his employer with custody of goods worth ₹ 10 lakh. The company's policy r...