The origin of the word motive emanates from the Latin word movere which means 'to move'. Gradually with the passage of time, this word has been defined as 'a reason for doing something'. In common parlance motive simply means the driving force behind any act or omission. In the realm of law, particularly in the domain of criminal law motive occupies an important place. Motive is an abstract and psychological concept which tends to be the rationale behind every criminal offence. Almost in majority of criminal cases, the presence of motive can not be denied.

It is axiomatic in the factual matrix of the case. This article seeks to demystify the subtle concept of motive and the nuances involved in it. This article also throws light on the relevance of motive in murder cases. Numerous landmark judgments of the Hon'ble Supreme Court of India have thoroughly dealt with this topic, a few locus classicus rulings rendered recently are discussed herein.

Since the inception of mankind, humans have always been driven by their psychological features which produce physical reactions. It is rightly said that any action which comes into effect, precedes in the mind. In primitive societies, man used to kill animals or even other living beings solely for the purpose of survival and to ensure its safety from other wild creatures.

Gradually with the evolution of human society as people began living in civilizations, feelings of animosity, hatred, revenge, lust, etc became predominant among the masses. People who could not neutralize such tendencies started harbouring these feelings in their mind which eventually proved to be seeds of motive in a crime. It would be pertinent to note, that there is a distinction between 'intent' which constitutes the mens rea in an offence and the motive which comprises of the factors which have supposed to induce the offence.

In murder cases, where evidence is direct in nature and there are eyewitnesses to the occurrence, motive becomes insignificant whereas in murder cases based on circumstantial evidence, motive acts as an additional link in the chain of circumstances. In cases where there are no eyewitnesses to the incident, motive fortifies all the incriminating circumstances against an accused and lends circumstantial corroboration.

Section 8 of the Indian Evidence Act, 1872 states: "Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto".

This section says that if there is any fact that shows or constitutes a motive or preparation for any fact in issue it is a relevant fact in the case. The conduct of a party/ agent to a party to a suit or reference to any proceeding is relevant whether it is subsequent or previous in a point of time. Any such conduct which originates from reasons such as jealously, greed, rage, lust, etc. can be safely inferred to be the ulterior design which induces an individual to commit an offence. Motive is a desire prompting conduct, it is an excitant to an action. Motive precedes the act for which it furnishes the stimulus. Motive is a species of intent.

It may perhaps be stated as a general rule of the substantive criminal law that one's motives are irrelevant under the broad spectrum of adjudication. While adjudicating a criminal case, the law judges a man as to what he does, not for the reasons for which he does it. Motive is an evidential fact. A person's motive for doing an act may be complex rather than simple.

In a recent ruling the Apex Court held that complete absence of motive in a case based on circumstantial evidence weighs in favour of the Accused - Nandu Singh Vs State Of Madhya Pradesh (2022).

In an important judgment on this settled proposition of law the Supreme Court in Shivaji Chintappa Patil Vs State Of Maharashtra observed that Though in a case of direct evidence, motive would not be relevant in a case of circumstantial evidence, motive plays an important link to complete the chain of circumstances. The motive may be considered as a circumstance which is relevant for assessing the evidence but if the evidence is clear and unambiguous and the circumstances prove the guilt of the accused, the same is not weakened even if the motive is not a very strong one.

It is also settled law that the motive loses all its importance in a case where direct evidence of eyewitnesses is available, because even if there may be a very strong motive for the accused persons to commit a particular crime, they cannot be convicted if the evidence of eye- witnesses is not convincing.

Circumstantial evidence to be accompanied with motive and corroborating evidence.
The Supreme Court opined that the evidence has to be scrutinized so as to ensure that the totality of the evidence and circumstances relied on, did constitute a complete chain and directly points to the guilt of the convict - SHANKAR VS STATE OF MAHARASHTRA (2023).

Motive is an important aspect to highlight the intention of the Accused and it aids in appreciating the totality of circumstances in a the case as well as assists in proper appreciation of evidence adduced by the prosecution. Therefore, in order to appreciate the evidence in totality and infer a better understanding of the backdrop in which the criminal offence has been committed it is essential to examine the motive behind the incidence. Criminogenic tendencies of the offender can also be understood by thoroughly analysing the motive behind the crime.

The human mind functions in a myriad of ways each moment, it becomes essential for the Courts of Law to delve deep into the factual matrix of the case and render apposite punishment to the guilty. No thought is given to the social context within which jealousy or greed are stimulated or to a particular context they embody.

This analysis treats each individual as an isolated psychological figure. Yet it is clear that individual actions, intentions and motives are found within particular social contexts. Social conditions like unemployment, racism, bad housing and unequal opportunity were the context within which motivating passions generally emerge.