Section 15 IEA: Facts bearing on question whether act was accidental or intentional
Indian Evidence Act, 1872
Section 15 IEA at a Glance
Section 15 IEA deals with facts bearing on question whether act was accidental or intentional. From 1 July 2024 it is replaced by Section 13 BSA.
Section 15 IEA Bare Act Text
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
Source: Section 15, Indian Evidence Act, 1872
Section 15 IEA in Simple Words
Section 15 of the Indian Evidence Act, 1872 lets a party show that an act was part of a pattern, not an accident. It applies when the court must decide if a person acted intentionally or with specific knowledge.
A single act on its own might look like a mistake. Under Section 15 IEA, a party can show that the act belonged to a series of similar events. The person who did the act has to be involved in every event in that series. Those repeated events are then relevant (facts the court can consider in deciding the question).
The illustrations in the Act show how this works. Fires in successive insured houses occupied by the same person, followed by payouts from different insurance offices, tend to show a fire was not accidental. Repeated false entries in an account book that each benefit the clerk who wrote them also point away from accident. So does handing counterfeit rupees to others shortly before or after the disputed delivery.
When Section 15 IEA Applies
- 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.
Example of Section 15 IEA
Section 15 IEA in the BSA
Section 15 IEA is now covered under Section 13 BSA.
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".
View detailed comparison (IEA 15 vs BSA 13) →FAQs on Section 15 IEA
What is Section 15 IEA?▼
Section 15 of the Indian Evidence Act, 1872 makes a series of similar occurrences relevant when the court has to decide if an act happened by accident or on purpose. It also applies when the question is whether the act was done with a specific knowledge or intention. The person who did the act must have been involved in each occurrence in the series.
Does Section 15 IEA apply if strangers carried out the other similar incidents?▼
No. The Act requires that the person who did the act in question was involved in every occurrence in the series. Similar incidents involving only other people do not meet that requirement.
Can incidents that happened after the disputed act be relevant under Section 15 IEA?▼
Yes. An illustration to Section 15 IEA shows that delivering counterfeit rupees shortly before or shortly after the disputed hand-over is relevant to show it was not an accident.
What is Section 15 IEA in BSA?▼
Section 13 BSA replaced Section 15 IEA from 1 July 2024 without any change to the legal rule. Only the illustrations updated the word office to company and the word rupee to currency.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·