Section 12 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 12 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the relevancy of facts that demonstrate the existence of a state of mind, body, or bodily feeling. This section is crucial in legal proceedings where the mental state or physical condition of a person is in question.
Key Provisions:
Relevance of Facts Showing State of Mind or Body:
Facts indicating the existence of a person's intention, knowledge, good faith, negligence, rashness, ill-will, goodwill, or any bodily feeling are relevant when such a state is in issue or relevant in the case
Explanation 1: Specific Reference:
A fact showing the existence of a relevant state of mind must demonstrate that the state exists in reference to the particular matter in question, not just generally.
Explanation 2: Previous Conviction:
In cases where the previous commission of an offense by the accused is relevant, their prior conviction for the same is also a relevant fact.
Illustrations:
Illustration (a): If a person is accused of receiving stolen goods knowing them to be stolen, evidence that they were in possession of multiple stolen items can be relevant to show their knowledge.(
Illustration (b): If someone is accused of fraudulently delivering counterfeit currency, evidence that they possessed other counterfeit currency at the time can be relevant.
Illustration (c): In a case where a dog is alleged to have bitten someone, evidence that the dog had previously bitten others and that complaints were made to the owner can be relevant to show the owner's knowledge of the dog's ferocity.
Illustration (e): If a person is accused of defaming another by publishing harmful statements, evidence of previous publications showing ill-will towards the person can be relevant to establish intent
Illustration (f): In a case where someone is sued for fraudulently representing another person as solvent, evidence that others also considered the person solvent can be relevant to show the defendant's good faith.
These provisions aim to ensure that the mental state and intentions of individuals are adequately considered in legal proceedings, thereby promoting fair trials.
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