All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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23.

Under the head subsequent conduct, which of the following type of conduct would be material ?

A: Change of life
B: Evasion of justice
C: Fear, trembling
D: All of them

The answer is: D

Explanation

The correct option is D: All of them.

 According to the Indian Evidence Act, 1872, subsequent conduct is a type of circumstantial evidence that can be used to infer the state of mind or intention of a person at the time of an act or omission. Subsequent conduct can be material if it is relevant to the facts in issue or the facts in question.

Some examples of subsequent conduct that can be material are (According to Sec 8 of Evidence Act)

- Change of life: This can indicate remorse, guilt, or repentance for a crime or a wrong. For instance, if a person changes his name, occupation, or residence after committing an offence, it can be a material fact to show his consciousness of guilt.

- Evasion of justice: This can indicate the awareness of culpability or liability for a crime or a wrong. For instance, if a person absconds, conceals, or destroys evidence after committing an offence, it can be a material fact to show his guilty mind.

- Fear, trembling: This can indicate the nervousness or anxiety of a person who is involved in a crime or a wrong. For instance, if a person exhibits signs of fear or trembling when confronted with a witness or a piece of evidence, it can be a material fact to show his involvement in the offence.

Therefore, all of these types of conduct can be material under the head of subsequent conduct.