Queen Empress v. Abdullah, I.L.R 7 All. 3385 (F.B.) 1885

If a person was found making such statement without any question first being asked his statement might be regarded as a part of his conduct. But where the statement is made merely in response to some question or suggestion it shows a state of things introduced not by the fact in issue, but by the interposition of some thing else. For these reasons, I think that the signs made by the accused cannot be admitted by way of "conduct" under section 8 of the Evidence Act.