15Facts bearing on question whether act was accidental or intentional
When there is a question whether an act was accidental or intentional, 1[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
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1. Ins. by Act 3 of 1891, s. 2.
- 5 Evidence may be given of facts in issue and relevant facts
- 6 Relevancy of facts forming part of same transaction
- 7 Facts which are the occasion, cause or effect of facts in issue
- 8 Motive, preparation and previous or subsequent conduct
- 9 Facts necessary to explain or introduce relevant facts
- 10 Things said or done by conspirator in reference to common design
- 11 When facts not otherwise relevant become relevant
- 12 In suits for damages, facts tending to enable Court to determine amount are relevant
- 13 Facts relevant when right or custom is in question
- 14 Facts showing existence of state of mind, or of body, or bodily feeling
- 15 Facts bearing on question whether act was accidental or intentional
- 16 Existence of course of business when relevant