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IEA, 1872
Start Practicing
IEAChapter IISection 15
Section15

Facts bearing on question whether act was accidental or intentional

AI Assist

Summary

When it matters whether an act was accidental or intentional, evidence that the same person was involved in a series of similar occurrences is relevant. Repetition of similar acts can be used to infer knowledge, intention or that the act was not accidental. It does not by itself decide guilt but is admissible to show a pattern alongside other evidence.

Example

Ravi insured several houses where he lived; each house later caught fire and the insurance company paid him after each blaze. The fact that similar fires repeatedly occurred in houses he occupied is relevant and tends to show the fires were likely deliberate rather than accidental.

Bare Act

Enacted text

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 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.

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II

Chapter II

Of the Relevancy of Facts

In this chapter

  • 5Evidence may be given of facts in issue and relevant facts
  • 6Relevancy of facts forming part of same transaction
  • 7Facts which are the occasion, cause or effect of facts in issue
  • 8Motive, preparation and previous or subsequent conduct
  • 9Facts necessary to explain or introduce relevant facts
  • 10Things said or done by conspirator in reference to common design
  • 11When facts not otherwise relevant become relevant
  • 12In suits for damages, facts tending to enable Court to determine amount are relevant
  • 13Facts relevant when right or custom is in question
  • 14Facts showing existence of state of mind, or of body or bodily feeling
  • 15Facts bearing on question whether act was accidental or intentional
  • 16Existence of course of business when relevant
  • 17Admission defined
  • 18Admission by party to proceeding or his agent by suitor in representative character
  • 19Admissions by persons whose position must be proved as against party to suit
  • 20Admissions by persons expressly referred to by party to suit
  • 21Proof of admissions against persons making them, and by or on their behalf
  • 22When oral admissions as to contents of documents are relevant
  • 22AWhen oral admission as to contents of electronic records are relevant
  • 23Admissions in civil cases, when relevant
  • 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
  • 25Confession to police officer not to be proved
  • 26Confession by accused while in custody of police not to be proved against him
  • 27How much of information received from accused may be proved
  • 28Confession made after removal of impression caused by inducement, threat or promise relevant
  • 29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
  • 30Consideration of proved confession affecting person making it and others jointly under trial for same offence
  • 31Admissions not conclusive proof, but may estop
  • 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  • 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
  • 34Entries in books of account including those maintained in an electronic form when relevant
  • 35Relevancy of entry in public record or an electronic record made in performance of duty
  • 36Relevancy of statements in maps, charts and plans
  • 37Relevancy of statement as to fact to public nature, contained in certain Acts or notifications
  • 38Relevancy of statements as to any law contained in law-books
  • 39What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
  • 40Previous judgments relevant to bar a second suit or trial
  • 41Relevancy of certain judgments in probate, etc., jurisdiction
  • 42Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
  • 43Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
  • 44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
  • 45Opinions of experts
  • 46Facts bearing upon opinions of experts
  • 47Opinion as to handwriting, when relevant
  • 47AOpinion as to digital signature when relevant
  • 48Opinion as to existence of right or custom, when relevant
  • 49Opinion as to usages, tenets, etc., when relevant
  • 50Opinion or relationship, when relevant
  • 51Grounds of opinion, when relevant
  • 52In civil cases character to prove conduct imputed, irrelevant
  • 53In criminal cases, previous good character relevant
  • 53AEvidence of character or previous sexual experience not relevant in certain cases. 1
  • 54Previous bad character not relevant, except in reply
  • 55Character as affecting damages
Previous · Section 14Facts showing existence of state of mind, or of body or bodily feelingNext · Section 16Existence of course of business when relevant