Question: Distinguish between intention and motive. Indicate the importance of motive in the Law of Crime? Find the answer to the mains question only on Legal Bites. [Distinguish between intention and motive. Indicate the importance of motive in the Law of Crime?] Answer While intention can be termed as the immediate mental condition of a person committing a… Read More »

Question: Distinguish between intention and motive. Indicate the importance of motive in the Law of Crime? Find the answer to the mains question only on Legal Bites. [Distinguish between intention and motive. Indicate the importance of motive in the Law of Crime?] Answer While intention can be termed as the immediate mental condition of a person committing a criminal act, the motive may be constructed as the ulterior desire which gives rise to the immediate mental condition of the...

Question: Distinguish between intention and motive. Indicate the importance of motive in the Law of Crime?

Find the answer to the mains question only on Legal Bites. [Distinguish between intention and motive. Indicate the importance of motive in the Law of Crime?]

Answer

While intention can be termed as the immediate mental condition of a person committing a criminal act, the motive may be constructed as the ulterior desire which gives rise to the immediate mental condition of the individual. Thus, if a person kills an aged relative in order to inherit his wealth, the immediate mental condition, that is killing of the aged relative is called intention while the ulterior desire to inherit his wealth is called motive.

Therefore, where an act is done intentionally, the motive is revealed when the question “why the act is done” is answered. In criminal law, the general rule is that motive is irrelevant and the only intention is relevant. In law, a man’s motive is irrelevant, so it ignores it. A person may have a noble motive in doing an act but if he intentionally causes wrongful loss, his crime is complete and motive is irrelevant.

In Emperor v. Appajibin Yadav Rao, (1896) 21 Bom 517, the sweepers of certain villages were suspended from their office for some months. A meeting was held at the house of the Patel (headman) at which Patel was present to consider the question of their restoration to office. An agreement arrived at that they should be registered on payment of Rs. 300 towards the repairs of the village temple. It was held that Patel was guilty under Section 161 of IPC i.e. public servant accepting illegal gratification. The effect that the money went to the temple and not to the Patel was held irrelevant. In other words, the accused’s motive, though noble was irrelevant in criminal law.

Thus, where the intention is criminal it cannot be justified by a good or noble motive. However, consideration of motive is relevant in the case of:

  1. Criminal attempts
  2. Where a particular intent forms a part of the definition of a criminal offense. Ex: house-trespass committed to committing an offense punishable with death
  3. In civil liability cases of defamation and malicious prosecution.

Important Mains Questions Series for Judiciary, APO & University Exams

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Updated On 2021-06-29T04:09:51+05:30
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