Criminal Law and the Effect of Motive in Criminal Cases

Criminal Law and the Effect of Motive in Criminal Cases

It was held in Babu v. State of Kerala [2010] GCtR 6431 (SC) that "absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused. In a case of circumstantial evidence, motive must be established at least to certain extent."

"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 eyewitnesses is not convincing. In the same way, even if there may not be an apparent motive but if the evidence of the eyewitnesses is clear and reliable, the absence or inadequacy of motive cannot stand in the way of conviction."