Beyond Intention: Examining The Relevancy & Evidentiary Value Of Motive In Criminal Adjudication
- IJLLR Journal
- 7 days ago
- 2 min read
K. Bhanu Prakash, The West Bengal National University of Juridical Sciences, Kolkata
ABSTRACT
The paper analyses and tries to understand the relevancy of motive in general and also whether it attracts importance as a piece of evidence for convicting the accused guilty of a certain crime. The project is divided into five parts. In the first part, the author, with the help of relevant background, introduces the topic of motive and its relevance. In the second part, the author deals with the scope of the topic to understand the motive and why it is essential to understand its relevance or irrelevance.
Furthermore, in the third part, the author explains underlying themes and sub- themes related to the relevance of motive with the help of illustrations and case references. It explores the aspects of motive and closely related terms to focus on the relevant aspects of motive rather than the motive studied in isolation. Further, it delves into the nature of motive, its identification, proof, and adequacy, which are dealt with in four chapters.
In the fourth part, in furtherance of part III, the author specifies the research issues and questions in furtherance of understanding the exploratory nature of motive and its scope while understanding a few research questions delving into the aspects of the presumption of motive, the absence of motive, and the importance of motive with the help of relevant case laws to support the arguments. The paper discusses why motive has become irrelevant in proving criminal liability in general. However, there are exceptions as it depends on the nature of the evidence. The research questions are divided into three chapters dealing with each research question. Finally, in the fifth part, the author attempts to provide his insights and concludes the research paper.
