Motive

Motive

Motive is that which actuates or includes a man to act in a certain way. It is that in his mind and which moves him to act and whether the belief which produces that state of mind is true or false; the motive remains the same and the truth or falsity of believe is not really in question. According to Woodroffe, it is the emotion supposed to have led to the act.

According to Wigmore, failure to discover the motive for an offence does not signify its non existence; and failure to produce evidence of motive, though it may constitute, a weakness in the whole body of proof, is not fatal as, in law, proof of motive is no more necessary then the proof of any other relevant fact.

Benthum has classified facts into two distinct category namely “physical” and “psychological”. A physical fact is anything, state or things, or relation of things capable of being perceived by senses. A psychological fact on the other hand, is mental condition of which is conscious, in criminal law Mens rea or criminal intent being an important test of criminality, the state of mind of the accused in doing an act is almost invariably an important ingredient of the offence charge against him. In civil cases, the state of mind of the defendant is immaterial, though in some cases e.g. in actions founded on fraud, slander, negligence, malicious prosecution and some kind of public and private nuisance, the state of mind of the defendant in doing an act becomes a fact in issue. Therefore in criminal cases occasionally, the court is required by the rule of substantive law applicable to the case to inquire into and record a finding as to the state of mind of a person in doing an act.