THE RELEVANCY OF MOTIVE IN MURDER CASES: AN ANALYSIS
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-22 ISSUE NO:- 22 ,May 15, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Ayushi Mishra THE RELEVANCY OF MOTIVE IN MURDER CASES: AN ANALYSIS ABSTRACT The edifice of criminal law is based on the celebrated maxim of “Actus Reus Non Facit Reum Nisi Mens Sit Rea” meaning thereby an act alone is not guilty unless done with criminal intention. Thus, guilty act and guilty mind both are important for establishing a crime like murder. If we talk about guilty mind , it encompasses terms as knowledge and intention. This is different from motive, which is merely an underlying reason for committing an act. Though motive is not an essential ingredient of crime and its absence is not fatal to the prosecution but its presence plays crucial role in establishing guilt of the accused. Our Hon’ble Courts have innumerable times has upheld this. This article is lucrative task of the author which provide a comprehensive guide on the analysis of motive in cases of murder by discussing the provisions and case laws. Keywords: Circumstantial evidence, Crime, Direct evidence, Intention, Knowledge, Motive, Murder INTRODUCTION “Motive is a very important link in the circumstances which could prove the guilt of the accused, and it loses its importance only when there is direct evidence of eyewitnesses, which is convincing and conclusive as to the guilt of the accused.” –Justices Sudhanshu Dhulia and K Vinod Chandran Section 300 IPC, 1860 defines murder and make knowledge and intention an important factor in determining the murderer. If we talk about motive then mental element of crime ordinarily involves no reference to motive. A bad motive cannot be reason for convicting a person. Similarly a good motive cannot be an excuse for acquitting him. A person may act from laudable motive, but if his intention causes wrongful loss, his crime is complete, irrespective of his motive. Murder is defined in section 300 of Indian Penal Code , 1860 hereinafter referred as IPC) or Section 101 of Bhartiya Nyaya Sanhita, 2023 (hereinafter referred as BNS) as follows: Murder.—except in the cases hereinafter excepted, culpable homicide is murder, (Firstly)- if the act by which the death is caused is done with the intention of causing death, or (Secondly) —If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or— (Thirdly) —If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or— (Fourthly) —If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. MOTIVE Definition: Austin defined motive as the ‘spring of action’. A motive is something that prompts a person to form an opinion or intention to do certain illegal acts or even legal act by illegal means with a view to achieve the intention. Every action is based on some motive i.e. what impels a person to act, such as ambition, fear envy, jealousy etc. it is psychological phenomena which impels a person to do a particular act. It is also called as ‘ulterior intent’. It is generally proved by 2 kinds of circumstantial evidence as: Conduct of the person By events about that person which could excite that emotion. RELEVANCY OF MOTIVE IN MURDER CASES There is hardly any act without motive. The absence or presence of the motive are relevant because they help in proving or disproving the fact in issue. Motive for murder lies locked in the heart of a person and hence it becomes difficult to know the same. Failure to bring on record any evidence regarding motive does not weakens the prosecution Case though its existence may strengthen the case. Relevancy of motive is given in section 8 of Indian evidence act, 1872 or section 6 of Bhartiya Shakshya Adhiniyam, 2023 which is as follows: Motive, preparation and previous or subsequent conduct.—Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. Where positive evidence against the accused is clear, cogent and reliable the question of motive becomes insignificant. Here are certain latest case laws of the supreme court of India on the above topic that can explain the relevancy of motive in murder. CASE LAWS Sukhpal Singh vs The State Of Punjabon 12 February, 2019 In this case an appeal by special leave is directed against the judgment of the High Court against his conviction under Section 302 of the Indian Penal code (hereinafter referred to as the “IPC”) and sentencing to rigorous imprisonment for life. Brief Facts: On 27/06/1993 upon discovery of an unidentified body near a canal and the case being registered and upon investigation being conducted the appellant along with another came to be charge sheeted and charged with the commission of offences under Section 302 read with Section 34 of the IPC. They were also charged with the offence under Section 201 of the IPC. The trial Court convicted the appellant while it acquitted the co-accused. As already noticed the High Court has affirmed the conviction and sentence of the accused- appellant. Judgment: Apex court by dismissing the appeal observed that there is no motive established against the appellant for committing murder. It is undoubtedly true that the question of motive may assume significance in a prosecution case based on circumstantial evidence. It is true that if the prosecution establishes a motive for the accused to commit a crime it will undoubtedly strengthen the prosecution version based on circumstantial evidence, but that is far cry from saying that the absence of