Section 13 of BSA : Section 13: Facts bearing on question whether act was accidental or intentional.

Explanation using Example

Example 1:

A is a shop owner in Mumbai who claims that a fire in his shop was accidental. However, it is discovered that A had previously owned three other shops in different parts of the city, each of which also caught fire under suspicious circumstances. In each case, A had insured the shops for large amounts and received substantial insurance payouts after the fires. These facts are relevant to determine whether the latest fire was truly accidental or part of a deliberate pattern to claim insurance money.

Example 2:

B is a cashier at a bank in Delhi. He is accused of embezzling funds by making false entries in the bank's ledger. On one occasion, B recorded that he received ₹50,000 from a customer, but the actual amount received was ₹1,00,000. The question is whether this discrepancy was accidental. It is found that B has made similar false entries in the past, each time recording a lower amount than what was actually received, and the discrepancies always benefited B financially. These facts are relevant to show that the false entry was intentional and not accidental.

Example 3:

C is accused of selling counterfeit medicines in a pharmacy in Chennai. The question is whether the sale of counterfeit medicines to a customer was accidental. It is discovered that C had sold counterfeit medicines to several other customers in the same week. These facts are relevant to show that the sale of counterfeit medicines was not an isolated incident but part of a deliberate pattern, indicating that the act was intentional.

Example 4:

D is a driver for a logistics company in Bangalore. He is accused of intentionally damaging goods during transit to claim compensation. The question is whether the damage was accidental. It is found that D had been involved in multiple incidents where goods were damaged under similar circumstances, and in each case, he had filed for compensation. These facts are relevant to determine whether the damage was intentional.

Example 5:

E is a student in a university in Kolkata who is accused of cheating during an exam. The question is whether the cheating was accidental. It is discovered that E had been caught with unauthorized materials in previous exams as well. These facts are relevant to show that the cheating was part of a pattern of behavior, indicating that it was intentional rather than accidental.