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      Question

      Consider the following statements regarding relevancy

      of motive and preparation under Section 6 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: The fact that an accused required money for a particular purpose at the time a loan document was allegedly forged is relevant as showing motive for the forgery. Statement 2: When the question is whether a document is a genuine will, the fact that the testator consulted advocates regarding will-making is relevant only if the advocates testify in court. Statement 3: A statement made in the presence and hearing of an accused, which affects the accused's conduct, is relevant if the conduct is already established as relevant. Statement 4: The fact that an accused absconded after committing an alleged crime is relevant only if the accused had prior knowledge that police were investigating. Which statements are correct?
      A Statements 1 and 2 only Correct Answer Incorrect Answer
      B Statements 1 and 3 only Correct Answer Incorrect Answer
      C Statements 2 and 3 only Correct Answer Incorrect Answer
      D Statements 1, 2, and 4 only Correct Answer Incorrect Answer
      E Statements 3 and 4 only Correct Answer Incorrect Answer

      Solution

      Section 6(1) provides that facts showing motive or preparation are relevant. Illustration (b) states that when a bond is alleged to be forged, the fact that B needed money for a purpose is relevant as showing motive, making Statement 1 correct. Illustration (d) confirms that facts such as consultation with advocates regarding will-making are relevant without requiring their testimony, making Statement 2 incorrect. Section 6(2), Explanation 2 states that "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," making Statement 3 correct—the statement's relevance depends on conduct being relevant, per Explanation 2. Statement 4 is incorrect because illustration (i) to Section 6 shows that absconding after commission of crime is relevant regardless of whether the accused knew police were investigating.

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