Section 13 BSA: Facts bearing on question whether act was accidental or intentional

Bharatiya Sakshya Adhiniyam, 2023

Section 13 BSA at a Glance

Section 13 BSA deals with facts bearing on question whether act was accidental or intentional. It replaced Section 15 IEA on 1 July 2024.

Was IEA

Section 15 →

Section 13 BSA Bare Act Text

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.

Source: Section 13, Bharatiya Sakshya Adhiniyam, 2023

Section 13 BSA in Simple Words

Section 13 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party show that an act was part of a pattern, not an accident. It applies from 1 July 2024 whenever a court must decide whether an act was intentional or done with specific knowledge.

Taken alone, a harmful act may look like an unintended slip. Under Section 13 BSA, a party can show that the act belonged to a series of similar events. The person who did the act must have been involved in every event in that series. Those repeated events are then relevant (facts the court can consider to decide the question).

The illustrations in the Adhiniyam show how the rule operates. Living in several insured houses one after another where fires break out and different insurance companies pay claims tends to show a fire was not accidental. Other false entries in a receipt book that each benefit the clerk who made them, or giving counterfeit currency to others shortly before or after a disputed delivery, are also relevant.

When Section 13 BSA Applies

  • 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.

Example of Section 13 BSA

In October 2024, a court in Jaipur has to decide whether Anita supplied watered-down diesel to a transport depot by accident or on purpose. Anita claims that rainwater leaked into a single tanker without anyone noticing. The depot owner shows that several other fuel deliveries managed by Anita for buyers across Jaipur also contained water mixed into the diesel. Under Section 13 BSA, those similar deliveries involving Anita are relevant to show whether the watered-down supply to the depot was accidental or intentional.

Section 13 BSA in the IEA (Previous Law)

Section 13 BSA replaces Section 15 IEA from the old criminal code.

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".

FAQs on Section 13 BSA

What is Section 13 BSA?▼

Section 13 of the Bharatiya Sakshya Adhiniyam, 2023 makes a series of similar events relevant when a court must decide if an act happened by accident or on purpose. It also applies when the question is whether a person acted with a specific knowledge or intention. The person who did the act must have been involved in each occurrence in that series.

Does Section 13 BSA apply if the person was not involved in the other occurrences?▼

No. The Adhiniyam requires that the person who did the disputed act was concerned in each of the similar occurrences. Events in which that person had no involvement are not covered by Section 13 BSA.

Are occurrences that took place after the disputed act covered by Section 13 BSA?▼

Yes. An illustration to Section 13 BSA states that delivering counterfeit currency either shortly before or shortly after the disputed delivery is relevant to show the delivery was not accidental.

What is Section 13 BSA in IEA?▼

Section 15 IEA was the corresponding provision before 1 July 2024, and the legal rule is unchanged. Only the illustrations replaced the word office with company and the word rupee with currency.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·