Bhartiya Sakshya Adhiniyam 2023 ch 2 BSA relevancy of fact part 1.pdf

Bhartiya Sakshya Adhiniyam 2023 ch 2 BSA relevancy of fact part 1.pdf

• 1.
  Khakare VS Khakare Vikas Prof. NarayanraoChavan Law College Nanded (MS) India BSA Bhartiya Sakshya Adhiniyam 2023 Ch 2 Relevancy of Facts (part 1: S. 4 to 14) 1
• 2.
  Khakare VS Relevancy of facts •It means, facts connect in a way that makes the existence or non- existence of other facts likely according to common human behavior or events. • Stephen: Relevancy means the connection of events as cause a cause and effect. • One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of the Act. • The word ‘relevant’ means that any two facts to which it is applied are so related to each other that according to the common course of events, ‘one’ either taken by itself, or in connection with other facts, proves or renders probable the past, present or future existence or non existence of the other. 2
• 3.
  Khakare VS • Logical Relevancy:A fact is said to be logically relevant to another when it bears such casual relation with the other as to render probable the existence or non existence of the latter. • Here two facts are related to each other in manner that according to the common course of events. • Legal Relevancy: Legal relevancy includes logical relevancy and for reasons of particular convenience, demands a close connection between the fact to be proved and the fact offered to prove it. It requires a higher standard of evidentiary force. • Admissibility: It denotes fitness for being received in evidence. Only legally relevant facts are admissible under the BSA (Evidence Act). • All admissible evidence are relevant but all relevant evidence is not admissible. 3
• 4.
  Khakare VS Relevancy of facts. •S.3: Evidence may be given in any suit or proceeding of the existence or non- existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. • Explanation.—This section shall not enable any person to give evidence of a fact which he is dis entitled to prove by any provision of the law for the time being in force relating to civil procedure. • Illustrations: • (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. • At A's trial the following facts are in issue:— • A's beating B with the club; 4
• 5.
  Khakare VS • A's causingB's death by such beating; • A's intention to cause B's death. • (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure, 1908. 5
• 6.
  Khakare VS • Evidence maybe given as to existence or non existence of a)facts which are in issue. b) facts which are relevant (according to s.3.) • Relevant fact are not ‘fact in issue’ but are so connected with facts in issue that they render the latter probable or improbable. • Closely connected facts S. 4 to 14. • Admission S. 15 to 25. • Statements by persons who cannot be called as witnesses. S. 26, 27. • Statements made under special circumstances. S. 28 ton 32. • How much of a statement is to be proved. S. 33. • Judgments of Courts when relevant. S. 34 to 38. • Opinions of third persons when relevant. S. 39 to 45. • Character when relevant. S. 46 to 50. 6
• 7.
  Khakare VS . Closely connected facts 7
• 8.
  Khakare VS Relevancy of factsforming part of same transaction. • 4. Facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. • Illustrations. • (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. • (b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and jails are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them. 8
• 9.
  Khakare VS • (c) Asues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself. • (d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact. • .. 9
• 10.
  Khakare VS • A transactionis defined as a crime, contract, error, or any other subject of inquiry that may be in question by a single name. • A transaction refers to an event that involves business dealings between two or more parties. • In civil law, the word transaction may be used to refer to an agreement reached between two or more parties whereby they make reciprocal concessions to prevent or end a dispute that might end up in litigation. • Criminal transaction means conduct which establishes at least one offence, and which is comprised of two or more or a group of acts. • Stephen: A transaction, is a group of facts connected together to be referred to by a single legal name as a crime, or a contract, a wrong or any other subject of enquiry which may be in issue. • It include those fact forming part of cause of action. (in Civil litigation). 10
• 11.
  Khakare VS • Res-gestae • Theunderlying principle in this section is Res-Gestae. It means ‘things done’(and words spoken) during the transaction. • Res Gestae, a Latin phrase meaning "things done," is a concept in both legal and historical contexts, referring to events, actions, and circumstances that are essential to understanding a particular situation or case. • A transaction consists of both of the physical acts and the words accompanying such physical acts. (spoken by person doing act or by other parsons present there. • Res -Gestae include: things done; transaction; circumstances. • The reasons for admitting such fact is that they form part of res gestae, the area of events covered by the term ‘not’ depends upon upon the circumstances of each particular case. 11
• 12.
  Khakare VS • To forma transaction, the chain of acts my constitute the transaction, they must be connected together by proximity of time, unity or proximity of place continuity of action and continuity of purpose or design. • An act independent event or the interval of time cannot be regarded as res gestae. (Eg: similar incident after long gap/time) • It is useful to prove the crime or fact in issue. And also harmful as it may brings some ambiguity. (Eg: circumstantial evidence; mental condition; influence of fact/event; last seen person; ) • Res-Gestae is used in 3 sense: • 1. World’s happenings out of which the right or liability in question arise. • 2. Facts reproduced before the tribunal/court where the direct evidence of witness or perception by the court are unattainable. • 3. As illustration, incident. 12
• 13.
  Khakare VS • Facts/evidence coveredunder this, may be separable from the act by a lapse of time or place. (Eg: facts occurring at different time and places. like what happens before and after crime; consequences) • In res gestae, the transaction from its starting point in the act of the accused until the end is reached. • Generally hearsay evidence is inadmissible. But here is an exception, as such facts are closely connected living no room for any doubt or breaking of link in facts. • Principle of Res gestae is found in section 4, 5, 6, 7 and 8 of BSA. 13
• 14.
  Khakare VS Facts which areoccasion, cause or effect of facts in issue or relevant facts. • S.5. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. • Illustration. • (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. 14
• 15.
  Khakare VS • (b) Thequestion is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. • (c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts. • ... 15
• 16.
  Khakare VS • Facts relevantunder this section: (1) Occasion/cause (2) Effects of (3) state of things; and (4) which give opportunity. • 1: The facts as being occasion or cause of (fact in issue/relevant fact) Eg. rival; love; affection; property dispute; money etc. • 2: Facts as being their effect: Eg; subsequent effect of crime; blast; fire; foot/hand prints ; raid/trap, etc. • 3: Facts as giving opportunity for their occurrence. Eg: time; place ; mentality; greed; conduct etc. • 4: Facts as constitute the state of things under which they happened. Eg physical / mental condition; season / weather; • Such facts are relevant to ascertain the possibility of the fact in issue or to rebut the defence taken by accused. • Here the relevancy is to be determined by the human experience. 16
• 17.
  Khakare VS Motive, preparation andprevious or subsequent conduct. • S.6. (1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. • (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person, an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. • Explanation 1.—The word "conduct" in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Adhiniyam. 17
• 18.
  Khakare VS • Explanation 2.—Whenthe conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant. • Illustration • (a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. • (b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant. • (c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant. 18
• 19.
  Khakare VS • (d) Thequestion is, whether a certain document is the will of A. The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he consulted advocates in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant. • (e) A is accused of a crime. The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant. 19
• 20.
  Khakare VS • (f) Thequestion is, whether A robbed B. The facts that, after B was robbed, C said in A's presence—"the police are coming to look for the person who robbed B", and that immediately afterwards A ran away, are relevant. • (g) The question is, whether A owes B ten thousand rupees. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing— "I advise you not to trust A, for he owes B ten thousand rupees", and that A went away without making any answer, are relevant facts. • (h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter, warning A that inquiry was being made for the criminal, and the contents of the letter, are relevant. 20
• 21.
  Khakare VS • (i) Ais accused of a crime. The facts that, after the commission of the alleged crime, A absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. • (j) The question is, whether A was raped. The fact that, shortly after the alleged rape, A made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, A said that A had been raped is not relevant as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160. 21
• 22.
  Khakare VS • (k) Thequestion is, whether A was robbed. The fact that, soon after the alleged robbery, A made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that A said he had been robbed, without making any complaint, is not relevant, as conduct under this section,though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160. 22
• 23.
  Khakare VS • What factsare relevant under this section? 1. When it show motive of fact / relevant fact, 2. When it show preparation of fact in issue / relevant fact, 3. When it show conduct of party, agent - previous or subsequent influenced by fact in issue or relevant fact. • Motive: "motive" refers to the reason or underlying cause that prompts someone to engage in a particular behavior, often related to committing a crime. It is the rationale behind the action, which can help explain why the individual acted in a certain way. While motive itself is not a required element to prove the commission of a crime (unlike "mens rea" or "actus reus"), understanding a person's motive can provide valuable context in criminal investigations and trials 23
• 24.
  Khakare VS • Preparation: preparation"refers to actions taken by an individual in advance of committing a crime. These actions are steps or measures undertaken with the intent to carry out a criminal offense but fall short of actually committing the crime. Preparation is generally distinguished from "attempt" in criminal law. • Intention, preparation and attempt are stages in commission of crime. • Eg: accused was alleged to distribute poisonous sweets. He himself has ate some of sweet show he has no motive. • Mental elements can be ascertained only by conduct in the given circumstances. • Motive is something that resides within the mind of the perpetrator and often leaves no tangible evidence. What matters most is the overall impact of all the surrounding circumstances. 24
• 25.
  Khakare VS Facts necessary toexplain or introduce fact in issue or relevant facts. • S.7. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. • Illustration • (a) The question is, whether a given document is the will of A. The state of A's property and of his family at the date of the alleged will may be relevant facts. 25
• 26.
  Khakare VS • (b) Asues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B. • (c) A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 6, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, A had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. 26
• 27.
  Khakare VS • (d) Asues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A—"I am leaving you because B has made me a better offer". This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue. • (e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it—"A says you are to hide this". B's statement is relevant as explanatory of a fact which is part of the transaction. • (f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction. 27
• 28.
  Khakare VS • What factsare relevant under this section? • 1: Facts introducing fact in issue / relevant fact. • (parties, things, identity parade, circumstances, property, family, partners etc.) • 2: Fact explain fact in / relevant fact. • (reason to do/not to do, particular action/approach, exculpatory, position, influence, circumstances) • 3: Fact which support the inference suggested by fact in issue / relevant fact. • (association with crime, presence at spot, possession, hiding, disposal of goods/things, absconding etc.) • 4: Fact which rebut the inference suggested by fact in issue / relevant fact. • (defence in civil or criminal cases, explanation, reasoning, etc.) 28
• 29.
  Khakare VS • 5: Factwhich fix the time and place of occurrence of fact in issue / relevant fact. • (as to transaction, fact during transit, time / place of death / offence, continuation of events/fact/crime) • 6: Fact which establish identity of any things or person which is relevant. (resembling things/property, identification parade, of person/deceased, forensic report) • 7: Fact which shows relation of parties by whom fact in issue or relevant fact was transacted. (parties, family relation, love/affection, influence, landlord-tenant, partners, etc) 29
• 30.
  Khakare VS Things said ordone by conspirator in reference to common design • S.8. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. • Illustration • Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the State. 30
• 31.
  Khakare VS .. • The factsthat B procured arms in Europe for the purpose of the conspiracy, C collected money in Kolkata for a like object, D persuaded persons to join the conspiracy in Mumbai, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Singapore the money which C had collected at Kolkata, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it. 31
• 32.
  Khakare VS • Conspiracy: "conspiracy"refers to an agreement between two or more persons to commit an illegal act, along with an intent to achieve the agreement's goal. In many jurisdictions, an overt act taken in furtherance of the conspiracy is also required to establish the crime. • Criminal conspiracy: An illegal act, or an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy. • In criminal conspiracy it must be proved that... • There was an agreement between two or more persons to commit a criminal act. That the accused had the specific intent to agree and to achieve the objective of the conspiracy. That at least one overt act was committed in furtherance of the conspiracy. They must have knowledge of the conspiracy and its illegal goals. They knowingly and voluntarily participated in the conspiracy. 32
• 33.
  Khakare VS • Essential conditions: •1: there must be a reasonable ground to believe that two or more persons have entered into a conspiracy. • 2: The act in question must have been done after the time when the intention to conspire was first entertained by any of them. • 3: The act must have been done in reference to their common intention. • The evidence of this is used to ... • 1: to prove the existence of the conspiracy and • 2: to show that a particular person was a party to the conspiracy. 33
• 34.
  Khakare VS When facts nototherwise relevant become relevant • S.9. Facts not otherwise relevant are relevant— • (1) if they are inconsistent with any fact in issue or relevant fact; • (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. • Illustrations. • (a) The question is, whether A committed a crime at Chennai on a certain day. The fact that, on that day, A was at Ladakh is relevant. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. 34
• 35.
  Khakare VS • (b) Thequestion is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant. 35
• 36.
  Khakare VS ... • CLAUSE 1:facts which total inconsistent (make impossible) • CLAUSE 2: facts which are highly probable or improbable (just below or less than impossible) • Clause 1: the usual logic of the argument form essential inconsistency is that a certain fact cannot co-exist with the doing of the act in question. (i.e the act done by the person and the act in question). • There are six common cases of this form • 1: ALIBI: ‘the presence of the person charged at another place.: • The plea of alibi is put forth by way of defence. It means the absence of the person from the place of occurrence at the time of the occurrence. • The defence of plea of alibi, need not to prove the place of alibi beyond a reasonable doubt and it would be sufficient to show preponderance of probability. 36
• 37.
  Khakare VS ... • The pleaof alibi must be proved with absolute certainty so as to completely exclude the possibility of the person concerned at the place of occurrence. • 2: NON ACCESS OF HUSBAND TO PROVE ILLEGITMACY: The fact in issue is whether A is the legitimate son of B. The fact that B had no access to the mother of A for 270 days before the birth of A is inconsistent with the fact that A is the legitimate son of B; hence it is admissible under sec. 9. • 3: SURVIVAL OF THE ALLEGED DECEASED: A is charged with murder of B on the 31st December, 2001. Evidence is offered to prove that B was alive on 31st December 2001 ans also that he was seen in the New Year rejoicing at a certain place on the 1st January 2002. The facts are relevant even though they are not directly connected with the murder of B as they are inconsistent with the fact in issue. 37
• 38.
  Khakare VS ... • 4: EXAGGERATIONAND FALSE IMPLICATION IN FIRST INFORMATION REPORT: FIR is a previous statement and can be used only to corroborate OR contradict the author of the report but it cannot be denied that under criminal law the FIR has assumed a significant status and being the first version of the incident, some importance is attached to this document. If there are salient omission of certain very important fact which constitute an important link of prosecution story, then, such omissions which go to affect the probabilities of the case become relevant. • 5: COMMISSION OF CRIME BY A THIRD PERSON: If it is shown by the defence that, the offence is committed by a third person, which is inconsistent with the matter in issue, is relevant. A is charged with the murder of B. A leads evidence that B was murdered by C. This is though inconsistent with fact in issue, is relevant. 38
• 39.
  Khakare VS • 6 SELFINFLICTION OF HARM: A is charged with murder of B. A leads evidence that B had committed suicide. This fact is relevant though it is inconsistent with the fact in issue. • [physical capacity or incapacity to commit crime; balastic report, CA report, PM report , contradictory medical/chemical/analysis reports etc.] • CLAUSE 2: The facts proved under clause1 only negative the the existence of facts in issue or relevant fact. By the proof of those facts the existence of the fact in issue or relevant fact is disproved. Clause 2 deals with both the affirmative and negative aspects of the fact in issue. Under this clause 2 the facts proved are not so conclusive as under clause 1. • Those facts are relevant which make the existence of the fact in issue or relevant fact highly probable or improbable. Highly probable means more than normal standard of probability. • [determination of award giving market value of the adjacent land; Oral tenancy - denial by landlord-showing deed in favour of landlord; omission of important fact] 39
• 40.
  Khakare VS Facts tending toenable Court to determine amount are relevant in suits for damages • S. 10: In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant. • In a suit wherein damages are claimed, the amount/quantum of damages are always in issue. Evidence to determine such damages (which increase or decrease) is relevant and admissible. • Here all those facts which affects the damages from the side of plaintiff and defendant are considered. 40
• 41.
  Khakare VS Facts relevant whenright or custom is in question. • S. 11: Where the question is as to the existence of any right or custom, the following facts are relevant— • (a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence; • (b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from. • Illustration. • The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbour, are relevant facts 41
• 42.
  Khakare VS ... • This sectionstates the rule of evidence, for the proof of customs and rights. • Its part 1 deals with transaction and part 2 deals with instances. • Custom: One of source of law. A valid custom must fulfill conditions like: it must be ancient; must be continued, unaltered, uninterrupted, uniform and constant; must be followed peaceable; must be certain, definite and reasonable; must not be immoral and opposed to public policy. • Right: It may be private, group or public/common right. • Transaction: a business or dealing ; between 2 or more person; a series of fact ; by cross or reciprocal process; Legal Transactions; Historical Documents and Records; • Instance: as an example / illustration. 42
• 43.
  Khakare VS • This sectionspecifically addresses two main points: • 1. Relevance of Facts Establishing Rights or Customs: It states that facts which show the existence of any right or custom are relevant if they are transactions by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied. Essentially, this covers any historical transactions or events that demonstrate how a particular right or custom came into being, how it has been recognized over time, and any modifications or challenges to it. • 2. Relevance of Facts Relating to Exercise or Enjoyment of Rights or Customs: It also covers facts which show the exercise or enjoyment of the right or custom. This includes instances where the right or custom has been acted upon, upheld, or enforced, providing evidence of its existence through practical application or recognition in society. 43
• 44.
  Khakare VS Facts showing existenceof state of mind, or of body or bodily feeling • S. 12: Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. • Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. • Explanation 2.—But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact. 44
• 45.
  Khakare VS ... • The stateof mind or a person can be proved by collateral facts. Such collateral facts can be grouped as under.. • a) Where the prosecution seeks to prove a course of conduct. • b) Where the prosecution seeks to rebut a suggestion of accident or mistake on the part of accused. • c) Where the prosecution seeks to prove knowledge by accused of some fact. 45
• 46.
  Khakare VS ... • Illustration • (a)A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen. • (b) A is accused of fraudulently delivering to another person a counterfeit currency which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit currency is relevant. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit currency knowing it to be counterfeit is relevant. 46
• 47.
  Khakare VS • (c) Asues B for damage done by a dog of B's, which B knew to be ferocious. The fact that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant. • (d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person. • (e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill- will on the part of A towards B is relevant, as proving A's intention to harm B's reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B. 47
• 48.
  Khakare VS • (f) Ais sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith. • (g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defence is that B's contract was with C. The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C's own account, and not as agent for A. 48
• 49.
  Khakare VS • (h) Ais accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the notice did not disprove A's good faith. • (i) A is charged with shooting at B with intent to kill him. In order to show A's intent, the fact of A's having previously shot at B may be proved. • (j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters. 49
• 50.
  Khakare VS • (k) Thequestion is, whether A has been guilty of cruelty towards B, his wife. Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts. • (l) The question is, whether A's death was caused by poison. Statements made by A during his illness as to his symptoms are relevant facts. • (m) The question is, what was the state of A's health at the time when an assurance on his life was effected. Statements made by A as to the state of his health at or near the time in question are relevant facts. • (n) A sues B for negligence in providing him with a car for hire not reasonably fit for use, whereby A was injured. The fact that B's attention was drawn on other occasions to the defect of that particular car is relevant. The fact that B was habitually negligent about the cars which he let to hire is irrelevant. 50
• 51.
  Khakare VS ... • (o) Ais tried for the murder of B by intentionally shooting him dead. The fact that A on other occasions shot at B is relevant as showing his intention to shoot B. The fact that A was in the habit of shooting at people with intent to murder them is irrelevant. • (p) A is tried for a crime. The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant. 51
• 52.
  Khakare VS Facts bearing onquestion whether act was accidental or intentional • S.13. 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. • Illustration • (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. 52
• 53.
  Khakare VS ... • (b) Ais 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. 53
• 54.
  Khakare VS • Facts underthis section are relevant to show (1) accidental or intentional, or (2) particular knowledge or intention; which is a fact in issue. • Whether a person has or has not a particular intention is a matter of fact to be inferred from the surrounding circumstances. • The principle on which evidence of similar acts is admissible is , not show because the accused has already committed the same crime , he would , therefore , be likely to commit another , but to establish the animus of act, for which he is charged and rebut by anticipation the defence of ignorance, accident, mistake or innocent state of mind. • Evidence of similar occurrence is admissible to • 1: to prove the intention or knowledge of the person; • 2: to repel the defence of accident, mistake, or the same state of mind. 54
• 55.
  Khakare VS • Essentials: 1. Theact in question must from part of a series of occurrence. 2. Such occurrence must be similar. 3. Occurrence must be within reasonable time. 4. Person doing act in question must be concerned in all occurrence. 5. Accidental or intentional nature of act must be in question. 6. Admissible for proving intention / knowledge OR repel defence of accident / mistake / without intention / knowledge. • Eg: food adulteration; forgery; habitual offender; false insurance claims; money fraud; etc. 55
• 56.
  Khakare VS Existence of courseof business when relevant • S. 14. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. • Illustration • (a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant. • (b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant. 56
• 57.
  Khakare VS • the term"course of business" refers to the regular, habitual practices or systematic procedures that are followed in the conduct of business or commercial activities. This section deals with the relevance of certain facts in proving the existence of any business or its operations. • ‘Course of business’ implies, regularity, systematic procedure, and proof of business practice. • Eg: accounting record; transaction procedure; communication practice etc. 57
• 58.
  Khakare VS December 2024 58