Amendment status not verified — confirm the current text below against the official source.
Any fact is relevant which shows or constitutes Motive,pre- a 11l0tiveor preparation for any fact in issue or relevant pal'a~iOll and ~ ~m~~ fact... subsequent The conduct of any party, or of any agent tQ any conduct. party, to any suit or proc~eding, 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 WhO1l1is the subJect of any proceeding, 1'"oJ . :r-- - , .. !t E'v'idence. . [ ACTi . proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and ,vhetL(;l'it ,vas previous or subsequent thereto. Bxpl(tnC6tio1~1.~The word" conduct" in this sec- tion does not include statements, unless those state- Jllents accompany and explain acts other than state- 111ents;but this explanation is not to affect the rele- vancy of'statements under any other section of this llct. . Explanation 2.-When the conduct of any rerson is relevant, any statement made to him or in his pre.. sence and hearing, which affects such conduct,. is rele. vant. .. Illustrations. (a.) . A is tried for the murder of B. The faets that A murdered C, that B knew that A had mm'. dered C, and that B had tried to extort money from A by threat- ening to make his knowledge public, are relevant. . (v.) 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.) .Ais tried for the murder of B by poison. The fact that, before the death of B, A procured poison simi- . 1ar to that which was administered to B, is relevant. (d.) 'rhe question is, whetheI:.a certain document is the will of A. The facts that, not long beforethe date of the alleged will, A made inquiry into matters to which the l)rovisions of the alleged will relate; that he consulted valdIs in reference tb making the will, ahd that he caused drafts of other wills to be prepared, of which he did not approve,are \'elevant~ (e.) A.is accusedof a crime. The facts that, either before, or at the time of, or after the' alleged crime, A providedevidencewhich would tend to give to the facts of the case an appearancefavourableto himself,or that . he destroyed 01' concealed evidence, or prevented the presence or procured the absenceof persons who might have been wit- nesses, or suborned persons to give false evidencerespecting it, are relevant. . (I) The questionis, whetherA robbedB. . 'rhe facts that, after B was robbed, C said in A's presence- , the police are coming to look for the man who robbedB,' and that immediately afterwards A l'an away, are relevant. (g.) 'nie flllcstionis) whether A owesB rupees 10)000. . The 1L} -,'"( i, ; \ '- .#P J '" '"' " 'r 1 .. . 1872.] Eviclelloe, >- The facts that' A asl{edC to lend him money, and that D said to C in A's presenceand hearing -' I advise you not to trust A, for he owes B 10,000 rupees,' and tllat A went away without making any answer,are relevantfacts. . ,(n.) The question is, whether A committed a crime. The fact that A absconded after receiving a lett,er warning him that inquiry was being made for the criminal, and the con~ tents of the letter, are relevant. (i.) A is accusedof a crime. The facts that, after the commission of the alleged crime, he absconded,or wasin possessionof property or the proceedsof pro- perty acquired by the crime, or attempted to concealthings which were or might have been used in committing it, are relevant. (j.) The question is, whether A was ravished. The facts that, shortly after th,e alleged rape, she made a complaint relating to the crime,the circumstances under which, and the terms in which, the complaint was made, are relevant. The faet that, withc>utmaking a complaint, she saill that she had been ravished is not relevant as conduct under this section, though it may be relevant' . aSRdying declarationunder section thirty-two, clause (one), oi' as corroborative evidenceunder section one hundred and ~ftyu seven. . . (.t.) The question is, whether A was robbed. The fact that, soon after the alleged'robbery, he made a com- plaint 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 uuder this section, though it may be relevant' as a dying declaration under section thirty-two, clause (on~);'.01' , as corroborative evidenceunder section one hundred and fifty- . seven. '" " ...... .-