Question
In a murder investigation, circumstantial evidence shows
that the accused's conduct immediately following the commission of the crime—specifically his flight from the jurisdiction and concealment of evidence—suggests consciousness of guilt. Under which section of the Bharatiya Sakshya Adhiniyam is such "subsequent conduct" relevant to establish guilt?Solution
Section 6 of BSA deals with motive, preparation, and previous or subsequent conduct. Section 6(2) specifically states that conduct of any party to a suit or proceeding, or any person whose offence is the subject of proceedings, 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." The illustration (i) directly addresses absconding after commission of crime as relevant subsequent conduct, making Section 6 the correct answer.
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