IEA 15 to BSA 13: Facts bearing on question whether act was accidental or intentional
Section 15 IEA (1872) replaced by Section 13 BSA (2023)
IEA 15 to BSA 13 at a Glance
Section 15 IEA (Facts bearing on question whether act was accidental or intentional) is now Section 13 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 15 to BSA 13?
Section 15 of the Indian Evidence Act, 1872 became Section 13 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Illustrations read "company" for "office" and "currency" for "rupee".
IEA 15 vs BSA 13: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 15 | 13 |
| Heading | Facts bearing on question whether act was accidental or intentional | Same |
IEA 15 and BSA 13: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 15, IEA 1872
15. 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 office, 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 rupee.
The question is, whether the delivery of the rupee was accidental.
The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are relevant, as showing that the delivery to B was not accidental
BSA 2023 (in force)
Section 13, BSA 2023
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.
When It Applies: IEA 15 vs BSA 13
Under IEA 15
- A court is deciding whether an act done by a person was an accident or was done on purpose.
- Or the court is deciding whether the person did the act with a specific knowledge or intention.
- The act belonged to a chain of similar events, and the same person took part in every one of them.
Under BSA 13
- A court has to decide whether an act happened by accident or was done intentionally.
- Or the court has to decide whether the person acted with a specific knowledge or intention.
- The act belonged to a series of similar events, and the same person was involved in each of them.
What IEA 15 to BSA 13 Means in Practice
The legal rule is unchanged, so the same rule applies in court and parties should cite Section 13 BSA for matters governed by the Adhiniyam. In the illustrations, the word office was replaced with company and the word rupee was replaced with currency.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·