Question

Which of the following fact is not relevant in civil and criminal cases under Section 8 of the Indian Evidence Act

• A. Motive
• B. Attempt
• C. Conduct
• D. Preparation

Hint:

Remember the three key words for Section 8 of the Evidence Act: Motive, Preparation, and Conduct. 'Attempt' is a stage in crime under the Indian Penal Code, but it is not a category of relevant facts listed in Section 8.

Answer 1

The Correct Option is B

Section 8 of the Indian Evidence Act, 1872, explicitly makes three categories of facts relevant: \begin{enumerate} \item Any fact which shows or constitutes a motive or preparation for any fact in issue or relevant fact. \item 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. \end{enumerate} The section does not explicitly list "attempt" as a relevant fact. While evidence of an attempt might be covered under "conduct" or other sections, it is not a distinct category under Section 8.