{"id":3760,"date":"2024-03-05T15:55:24","date_gmt":"2024-03-05T15:55:24","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=3760"},"modified":"2024-03-05T15:55:24","modified_gmt":"2024-03-05T15:55:24","slug":"which-one-of-the-following-term-is-not-inclusive-in-section-8-of-the-indian-evidence-act","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/which-one-of-the-following-term-is-not-inclusive-in-section-8-of-the-indian-evidence-act\/","title":{"rendered":"Which one of the following term is not inclusive in Section 8 of the Indian Evidence Act ?"},"content":{"rendered":"

[amp_mcq option1=”Intention” option2=”Preparation” option3=”Motive” option4=”Conduct ” correct=”option3″]<\/p>\n

The correct answer is (c) Motive.<\/p>\n

Section 8 of the Indian Evidence Act states that “The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of human nature, the conduct of parties, and the evidence in the case.”<\/p>\n

Intention, preparation, and conduct are all factors that the court may consider in determining whether a fact is likely to have happened. However, motive is not a factor that is specifically mentioned in Section 8. This is because motive is not always relevant to the determination of whether a fact is likely to have happened. For example, if a person is found with the murder weapon, the court may presume that they committed the murder, even if they do not have a motive for doing so.<\/p>\n

In some cases, motive may be relevant to the determination of whether a fact is likely to have happened. For example, if a person is found with the murder weapon and they have a motive for committing the murder, the court may be more likely to find that they committed the murder. However, motive is not always relevant, and it is not a factor that is specifically mentioned in Section 8 of the Indian Evidence Act.<\/p>\n","protected":false},"excerpt":{"rendered":"

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