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.
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, 2023
Section 11 Facts relevant when right or custom is in question
Section 12 Facts showing existence of state of mind, or of body or bodily feeling
Section 13 Facts bearing on question whether act was accidental or intentional
Section 14 Existence of course of business when relevant
Section 16 Admission by party to proceeding or his agent
Section 17 Admissions by persons whose position must be proved as against party to suit
Section 18 Admissions by persons expressly referred to by party to suit
Section 19 Proof of admissions against persons making them, and by or on their behalf
Section 20 When oral admissions as to contents of documents are relevant