Question
In a murder trial, the prosecution proves that the
accused was previously seen in possession of multiple stolen weapons, each matching the profile used in similar crimes. The fact that the accused possessed these similar weapons is admissible to prove his guilty knowledge in the present case. Which section of the Bharatiya Sakshya Adhiniyam, 2023 permits the admissibility of such facts showing the existence of a state of mind?Solution
Section 12 of BSA deals with 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. The illustration (a) to Section 12 specifically mentions that when a person is in possession of multiple stolen articles, the fact of possessing many stolen articles is relevant as tending to show that he knew each article to be stolen. Thus, Section 12 is the applicable provision.
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