Section 15 – The Indian Evidence Act, 1872

The 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 occurrence, 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 fact that, A lived in several houses successively each of which he insured, in 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 his 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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1.   Ins. by Act 3 of 1891, sec. 2.

 

 

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