Facts showing existence of state of mind, or of body or bodily feeling.
14. Facts showing the existence of any state of mind, such as intention, knowledge, goodfaith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state or mind or body or bodily feeling, is in issue or relevant.
Explanation 1 : A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.
Explanation 2 : But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.
Illustrations
(
a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article.
The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen.
(
b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit.
The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant.
The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant.
(
c) A sues B for damage done by a dog of B's which B knew to be ferocious.
The facts that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant.<
.... To read the full section download the app from Google Play store
CAclubindia
