A is tried for the murder of B. Are the facts 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, relevant?

Question: A is tried for the murder of B. Are the facts 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, relevant? [U.P.C.J. 1999 HR.J.S. 1995 Bihar. C.J. 1979]

Find the answer to the mains question only on Legal Bites. [A is tried for the murder of B. Are the facts 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, relevant?]

Answer

Section 8 of the Indian Evidence Act deals with when motive, preparation, and previous or subsequent conduct of the parties become relevant.

The clauses of the section are provided hereunder:

(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 Act.

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.

The facts of the present case are borrowed from Illustration (a) to section 8. In this case, when 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 by virtue of subsequent conduct accompanying and explaining acts of the A and C in accordance to section 8, Indian Evidence Act.

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