Question
Consider the following statements regarding relevancy
of state of mind evidence under Section 12 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: A fact showing a general disposition to commit crimes of a certain class is relevant to prove that an accused committed a particular crime of that class. Statement 2: A fact showing intention to commit a particular crime is relevant, but a fact showing general disposition to commit crimes of that class is irrelevant. Statement 3: Evidence that a person had previously shot at another person is relevant when the question is whether the accused shot that person with intent to kill, but irrelevant when proving the accused was habitually prone to shooting people. Statement 4: A fact showing the existence of a relevant state of mind must prove that the state exists generally, not merely in reference to the particular matter in question. Which statements are correct?Solution
Section 12(1) with Explanations states that facts relevant as showing state of mind must show "not generally, but in reference to the particular matter in question," making Statement 4 incorrect. Illustration (i) provides that "The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant," making Statements 2 and 3 correct. Statement 1 is the opposite of what Section 12 provides—general disposition is explicitly irrelevant. Statement 4 is contradicted by the Explanation itself.
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