The Bharatiya Sakshya Adhiniyam, 2023
ARRANGEMENT OF SECTIONS
PART II
CHAPTER II: RELEVANCY OF FACTS
Closely connected facts
Section 12: Facts showing existence of state of mind, or of body or bodily feeling.
Bare Act
Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant.
Explanation 1
A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.
Explanation 2
But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.
Illustrations
- (a) A is… Read the complete text with KanoonGPT Pro.
Simplified Act
Facts that show someone's state of mind (like intention, knowledge, good faith, negligence, rashness, ill-will, or goodwill) or their physical state or feelings are important when these states are relevant to the case.
Explanation 1
A fact that shows someone's state of mind must be directly related to the specific matter in question.
Explanation 2
If someone is on trial for a crime, their previous crimes are also relevant to the case.
Illustrations
- (a) If A is accused of receiving stolen goods… Read the complete text with KanoonGPT Pro.
Explanation using examples
Example 1:
A is accused of intentionally causing harm to B by hitting him with a stick. During the trial, it is relevant to show that A had previously threatened B with harm on multiple occasions. This demonstrates A's state of mind and intention to harm B, making the previous threats relevant to the case.
Example 2:
A is accused of stealing a car. It is relevant to show that A was found in possession of multiple stolen car parts at the time of arr… Read the complete text with KanoonGPT Pro.
