BSA Section 6: Motive, Preparation and Previous or Subsequent Conduct (Evidence Act 8 Mapping) (2026)
What Section 6 of the Bharatiya Sakshya Adhiniyam (BSA) covers: when motive, preparation and a person's previous or subsequent conduct become relevant facts. It carries forward Section 8 of the old Indian Evidence Act. Last verified October 2026.
Explainer · Evidence Law · BSA
Section 6 of the Bharatiya Sakshya Adhiniyam (BSA), the new evidence law in force since 1 July 2024, makes motive, preparation and a person's conduct relevant facts. It replaced Section 8 of the Indian Evidence Act. If you still look up "Section 8 of the Evidence Act", this is the provision you now need. It lets the court receive why a person may have acted, how they got ready, and how they behaved before or after the event. This explainer sets out what Section 6 covers, how it maps to the old law, and what changed. Last verified October 2026.
- What it is: Section 6 of the BSA makes motive, preparation and a person's previous or subsequent conduct relevant facts.
- Old section: it carries forward Section 8 of the Indian Evidence Act, 1872.
- Motive is not mandatory: it is relevant and useful, but a case can be proved without it.
- In force: since 1 July 2024. Old case law on Section 8 still guides how Section 6 is read.
01Why the number changed
For generations, the rule on motive, preparation and conduct sat in Section 8 of the Indian Evidence Act, 1872. Since 1 July 2024, the Evidence Act is replaced by the BSA, and the relevancy sections were renumbered. The same rule now sits in Section 6 of the BSA.
This matters in daily practice. A proceeding on or after 1 July 2024 cites the BSA, so the number is Section 6. An older matter keeps the Section 8 citation. For a while you will see both numbers in live work, so read each one correctly.
02What Section 6 covers
Section 6 of the BSA makes three kinds of fact relevant: a fact that shows a motive for a fact in issue or relevant fact, a fact that shows preparation for it, and conduct that influences or is influenced by a fact in issue or relevant fact.
Why it matters
Motive explains why. Preparation shows planning and intention. Conduct, before or after the event, often tells the court more than words. Section 6 lets all three come in as relevant facts.
The conduct covered includes the conduct of a party to the proceeding, an agent of a party, and a person against whom an offence is the subject of the proceeding, such as the victim. The conduct can be before or after the fact in issue.
03Motive, preparation and conduct
Motive. A fact that supplies a reason to act is relevant. In a murder trial, a prior quarrel or a money dispute can show motive. Motive is useful, but it is not compulsory. A case can be proved without it, especially where there is strong direct evidence.
Preparation. Steps taken to get ready are relevant. Buying poison before a poisoning, or arranging a weapon or a false alibi, can show preparation.
Conduct. Previous or later conduct that is connected to the fact in issue is relevant. Running away, destroying evidence, or a sudden change in behaviour can be received. The conduct must influence or be influenced by the fact in issue, not just be any behaviour.
04The two explanations
The section carries two explanations. The first says that a mere statement is not "conduct" unless it accompanies and explains an act, though such a statement may still be relevant under other sections. The second says that where a person's conduct is relevant, a statement made to that person, or in their presence, that affects the conduct is also relevant.
These explanations keep the line between conduct and bare words. For example, a person simply saying they were robbed, without lodging any complaint, may not count as conduct under this section, though it could be relevant in another way.
05Old to new: Evidence Act 8 to BSA 6
Section 8 of the Indian Evidence Act is now Section 6 of the BSA. The principle is the same. The drafting was tidied and split into clearer sub-sections, one for motive and preparation and one for conduct, with the explanations kept.
| Point | Old law (Indian Evidence Act) | New law (BSA) |
|---|---|---|
| Facts forming part of same transaction | Section 6 | Section 4 |
| Motive, preparation and conduct | Section 8 | Section 6 |
| Conspirator statements | Section 10 | Section 8 |
So the relevancy chapter shifted back by two numbers. Reading the mapping together avoids the common mistake of citing the old number in a new matter.
06What changed
The substance is carried over. Motive, preparation and conduct are relevant on the same tests, and the leading judgments built under Section 8 still guide how Section 6 is read. The visible changes are the new number, plainer language, and a clearer split into sub-sections.
The practical point: in a matter on or after 1 July 2024, cite Section 6 of the BSA. In an older matter, the citation stays Section 8 of the Evidence Act. Related relevancy rules now sit at Section 4 (same transaction) and Section 8 (conspirator statements).
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Motive and conduct are argued in almost every criminal trial, and in many civil ones, so how courts have treated a weak motive or relied on conduct like absconding is worth finding fast. Claw holds over 30 crore judgments, reaching Supreme Court decisions from 1950 and High Court decisions from 1990, and answers a search in under 5 seconds. It tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can pull how Section 6, or the old Section 8, has been applied and follow a live matter by party or advocate name.
Claw does not use your case documents to train its AI models. Open a free Claw account to collect authorities on motive and conduct and track a live trial, and start wider research at the case search across Indian courts hub.
08Sources and further reading
- India Code (official text of the BSA, 2023): indiacode.nic.in
- PRS Legislative Research (BSA overview and comparison): prsindia.org
- Section 6, BSA (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 6 of the BSA?
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 makes relevant any fact that shows a motive or preparation for a fact in issue or relevant fact, and the conduct of a party, agent or victim that influences or is influenced by it. It restates Section 8 of the old Indian Evidence Act.
Which old section does BSA Section 6 replace?
It replaces Section 8 of the Indian Evidence Act, 1872. The relevancy sections were renumbered, so the old Section 8 is now Section 6 of the BSA.
Is motive necessary to prove a crime?
No. Motive is a relevant fact and can strengthen a case, but it is not compulsory. A case can be proved on other evidence, especially direct evidence, even where motive is weak or not shown.
What kind of conduct is relevant?
Conduct that influences or is influenced by a fact in issue or relevant fact, before or after the event. Examples include absconding, destroying evidence, or arranging a false alibi. Bare statements are not conduct unless they accompany and explain an act.
Does old case law on Section 8 still apply?
Yes, in large part. Because the substance is carried over, judgments decided under Section 8 of the Evidence Act still guide how Section 6 of the BSA is read.
Can I find judgments on Section 6 in Claw?
Yes. Claw lets you search 30 crore+ judgments in under 5 seconds for how Section 6, or the old Section 8, has treated motive, preparation and conduct, and tracks cases, orders and hearings across 9,102 courts, benches and forums by party or advocate name. It researches and tracks the matter but does not give legal advice.