Question

Under the head subsequent conduct, which of the following type of conduct would be material?

• A. Change of life
• B. Evasion of justice
• C. Fear, trembling
• D. All of them

Hint:

Subsequent conduct under Section 8 of the Evidence Act is about actions after the event that might reveal a guilty mind. This includes running away (evasion), showing signs of fear, or a sudden change in lifestyle.

Answer 1

The Correct Option is D

Section 8 of the Indian Evidence Act, 1872, makes the 'conduct' of any party to a suit or proceeding relevant if such conduct influences or is influenced by any fact in issue or relevant fact. This includes both previous and subsequent conduct. Subsequent conduct refers to the conduct of the accused after the commission of the alleged offence. All the options listed are classic examples of subsequent conduct that can be relevant:
(a) A sudden and unexplained change of life or affluence (if the crime involved money).
(b) Evasion of justice, such as absconding, resisting arrest, or concealing evidence.
(c) Signs of guilt like fear, trembling, or providing false explanations.
All these behaviours can be considered by the court as material evidence suggesting a guilty mind.