Section 13 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 13 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 in English:
Section 13: Relevance of Similar Acts or Series of Events to Prove Intent or Knowledge
What does Section 13 say?
This section deals with situations where it is necessary to determine whether a particular act was accidental or done intentionally, and whether it was done with a specific knowledge or intent.
Section 13 states that:
When a question arises about whether a particular act was accidental or deliberate, or done with certain knowledge or intent, the fact that the act was part of a series of similar events involving the same person is relevant evidence.
In other words, if a person is involved in multiple similar acts, the fact that these acts occurred repeatedly is relevant in deciding whether the act in question was intentional or accidental.
Why is this important?
In many legal cases, the intent behind an act is crucial to determine guilt or liability. However, it can sometimes be difficult to prove if an act was accidental or done deliberately.
Section 13 helps by allowing evidence of similar prior acts to be admitted in court to show a pattern or intent.
Examples:
Insurance Fraud by Arson:
Suppose a person sets fire to their own house to claim insurance money. If it is shown that this person has previously set fire to multiple houses under similar circumstances and claimed insurance money each time, this series of similar acts helps prove that the act was not accidental but deliberate.
Falsification of Accounts:
Imagine a person responsible for maintaining financial records deliberately understates the amount of money received. If this person has a history of making false entries in similar circumstances, the pattern of similar false entries makes it more likely that the current false entry was done knowingly and intentionally, rather than by mistake.
Legal Effect:
The existence of a series of similar acts involving the same individual can be used as evidence to show intent, knowledge, or that an act was not accidental.
It is not conclusive proof by itself but helps the court form a reasonable inference about the nature of the act.
Summary:
Section 13 allows courts to consider evidence of past similar acts by a person to understand the intent behind a questioned act. This section helps distinguish between accidents and intentional wrongdoing by looking at a broader pattern of behavior.
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