Question
Consider the following statements regarding facts
relevant to prove accidental versus intentional acts under Section 13 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: A series of similar occurrences involving an accused is relevant only when all such occurrences were clearly intentional in nature. Statement 2: A person insuring multiple houses and then each catching fire, with the person receiving insurance payouts after each fire, is relevant to show the fires were not accidental. Statement 3: A single false entry in an account book by an employee suggests accidental error and is not relevant to show intentionality. Statement 4: A pattern of delivering counterfeit currency on multiple occasions supports the inference that each delivery was intentional rather than accidental. Which statements are correct?Solution
Section 13 of BSA states: "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...is relevant." Illustrations (a), (b), and (c) directly support Statements 2 and 4 as correct. Statement 1 is incorrect because the provision does not require that all prior occurrences be proven intentional—the series itself is relevant to infer intentionality of the current act. Statement 3 is incorrect because illustration (b) to Section 13 specifically states that multiple false entries by an employee, each favoring the employee, are relevant to show the entries were intentional, not accidental.
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