Facts bearing on question whether act was accidental or intentional
AI Assist
Summary
A series of similar acts by the same person is relevant when the question is whether an act was accidental, intentional, or done with particular knowledge. If the person took part in repeated similar occurrences, that pattern can be used as evidence of intent or knowledge. Courts may use such repetition to infer the acts were not accidental.
Example
Priya collects monthly rent for her landlord and maintains a cash book. She records one month that she received Rs 5,000 when she actually got Rs 8,000. If several other entries in the same book similarly understate receipts in her favour, those repeated false entries are relevant to show the short entry was intentional, not accidental.
Bare Act
Enacted textWhen 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.
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(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.
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(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.
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(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.
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