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 company, 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 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.
Bharatiya Sakshya Adhiniyam
Section 13
Facts bearing on question whether act was accidental or intentional
⚡ Quick Answer Reference: Section 13 BSA
- Provision: Section 13 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section helps figure out if someone did something on purpose or by accident. It looks at whether similar things happened before, involving the same person, to decide if it was intentional or not.
What does Section 13 of BSA say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 13 of BSA mean?
Plain English Explanation
This section helps figure out if someone did something on purpose or by accident. It looks at whether similar things happened before, involving the same person, to decide if it was intentional or not.
Practical Interpretation
In practice, this section is used in court to determine intent behind actions. By examining patterns of similar occurrences, it aids in distinguishing accidental acts from intentional ones.
Core Legal Purpose
The core purpose is to provide a legal framework for assessing intent in cases where the nature of an act is questionable, helping to differentiate between accidental and intentional actions.
- •A series of similar occurrences must be present.
- •The person in question must have been involved in each occurrence.
- •The legal test is whether these occurrences suggest a pattern of intentional behavior.
- •There is no explicit exception mentioned in this section, but the relevance of the series of occurrences to the question at hand is crucial.
Practical Example of Section 13 BSA
Rajesh is accused of intentionally starting a fire in his insured warehouse. The fact that he has had three previous warehouses, all insured, and each suffered from fires after which Rajesh received insurance payouts, is relevant. This pattern suggests that the current fire may not have been accidental, illustrating how this section applies to determine intent.
Frequently Asked Questions about Section 13 BSA
Q: What is the punishment or consequence under Section 13 of BSA?
This section is a procedural provision and does not prescribe a penal punishment. It aids in the determination of intent, which can then influence the application of other legal provisions that may carry punishments.
Q: Does this section apply to private individuals or public entities?
The section applies to any person whose actions are under scrutiny regarding their intent, without distinction between private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section itself does not define an offence or its cognizability/bailability. It is a tool for assessing intent, which can be part of various offences with different legal classifications.
Common Questions about Section 13 BSA
What is Section 13 of BSA?
Section 13 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Facts bearing on question whether act was accidental or intentional". In plain terms: This section helps figure out if someone did something on purpose or by accident. It looks at whether similar things happened before, involving the same person, to decide if it was intentional or not.
What are the elements of Section 13 of BSA?
The essential elements of Section 13 of BSA are: A series of similar occurrences must be present.; The person in question must have been involved in each occurrence.; The legal test is whether these occurrences suggest a pattern of intentional behavior..
Landmark Judgments under Section 13 BSA
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 13
Ask Nyaya AI About Section 13
Select a pre-configured prompt to run this section through the grounded research engine.