Basic about Motive in Section 8 of the Evidence Act 1950

            Motive is a psychological fact which can be proved by the conduct of the accused. Motive is that which induces a person to do a particular act. Motive and intention are different. A person's intention is his decision to do or not to do a particular act, but his motive is the reason for forming that decision. For example, when a poor woman with a child steals a loaf of bread, her intention is to steal but her motive may be to feed her child. It is not always possible to discover motive behind an act but this does not mean that motive was absent.

            Evidence of motive is relevant and material in criminal cases. But, if there is a direct evidence and clear proof that the accused has committed the crime, the question of motive becomes irrelevant to sustain the conviction. In Nath Singh v R, the court held that the evidence to show alleged motive for a crime is admissible even though such evidence suggest the commission of another crime by the accused. In this case the accused was tried for the murder of Karnail Singh. Evidence was led to show that Karnail Singh was extorting money from the accused on the grounds that he knew the accused had killed one Bhan Singh. This fact was admitted to show motive for this murder.

            Meanwhile, in Lim Kong v PP the court held that the evidence showed that the accused was being pressed to find money to satisfy his debts is relevant as tending to show a possible motive. Furthermore, the evidence of financial instability supported equally the case for the defence as evidence of motive for prosecution.

 - SITI AISHAH BT LATIFF -