Bharatiya Sakshya Adhiniyam, 2023
BSA Section 13
Facts bearing on question whether act was accidental or intentional
In one line
BSA Section 13 deals with facts bearing on question whether act was accidental or intentional and replaces Evidence Act 15.
Bare act text — BSA 13
13. Facts bearing on question whether act was accidental or intentional.
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.
What changed from the Evidence Act
- Evidence Act 15 → BSA 13: In illustrations, word "rupee" is replaced by "currency".
Frequently asked
What was BSA Section 13 in the Evidence Act?
BSA Section 13 (Facts bearing on question whether act was accidental or intentional) replaces Section 15 of the Indian Evidence Act, 1872. Evidence Act 15 is now BSA 13.
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Nearby BSA sections
- BSA 8 — Things said or done by conspirator in reference to common design
- BSA 9 — When facts not otherwise relevant become relevant
- BSA 10 — Facts tending to enable Court to determine amount are relevant in suits for damages
- BSA 11 — Facts relevant when right or custom is in question
- BSA 12 — Facts showing existence of state of mind, or of body or bodily feeling
- BSA 14 — Existence of course of business when relevant
- BSA 15 — Admission defined
- BSA 16 — Admission by party to proceeding or his agent
- BSA 17 — Admissions by persons whose position must be proved as against party to suit
- BSA 18 — Admissions by persons expressly referred to by party to suit
