INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
15. Facts bearing on question whether act was accidental or intentional.
13. Facts bearing on question whether act was accidental or intentional.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
15. Facts bearing on question whether act was accidental or intentional.––When there is a
question whether an act was accidental or intentional, 1[or done with a particular knowledge or intention,]
the fact that such act formed part of a series of similar occurrences, in each of which the person doing the
act was concerned, is relevant.
Illustrations
(a) A is accused of burning down his house in order to obtain money for which it is insured.
The facts that A lived in several houses successively each of which he insured, in each of which a fire occurred,
and after each of which fires A received payment from a different insurance office, are relevant, as tending to show
that the fires were not accidental.
(b) A is employed to receive money from the debtors of B. It is A’s duty to make entries in a book showing the
amounts received by him. He makes an entry showing that on a particular occasion he received less than he really
did receive.
The question is, whether this false entry was accidental or intentional.
The facts that other entries made by A in the same book are false, and that the false entry is in each case in
favour of A, are relevant.
(c) A is accused of fraudulently delivering to B a counterfeit rupee.
The question is, whether the delivery of the rupee was accidental.
The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are
relevant, as showing that the delivery to B was not accidental
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
13. Facts bearing on question whether act was accidental or intentional.—When there is a
question whether an act was accidental or intentional, or done with a particular knowledge or intention,
the fact that such act formed part of a series of similar occurrences, in each of which the person doing the
act was concerned, is relevant.
Illustrations.
(a) A is accused of burning down his house in order to obtain money for which it is insured. The facts
that A lived in several houses successively each of which he insured, in each of which a fire occurred,
and after each of which fires A received payment from a different insurance company, are relevant, as
tending to show that the fires were not accidental.
(b) A is employed to receive money from the debtors of B. It is A's duty to make entries in a book
showing the amounts received by him. He makes an entry showing that on a particular occasion he
received less than he really did receive. The question is, whether this false entry was accidental or
intentional. The facts that other entries made by A in the same book are false, and that the false entry is in
each case in favour of A, are relevant.
(c) A is accused of fraudulently delivering to B a counterfeit currency. The question is, whether the
delivery of the currency was accidental. The facts that, soon before or soon after the delivery to B, A
delivered counterfeit currency to C, D and E are relevant, as showing that the delivery to B was not
accidental.
Current law India Code — BSA 2023