​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Facts Showing State of Mind, Body or Bodily Feeling [Section 12]
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1. Meaning of Section 12
Section 12 deals with:

• Facts showing:
  • State of mind,
  • State of body,
  • Bodily feeling.

These facts are relevant when such condition is:

• In issue, or
• Relevant to the case.

2. State of Mind Includes
The section specifically mentions:

• Intention
• Knowledge
• Good faith
• Negligence
• Rashness
• Ill-will
• Goodwill

3. State of Body or Bodily Feeling Includes
Examples:

• Health condition
• Physical symptoms
• Bodily pain
• Illness
• Poisoning symptoms

4. Principle of Section 12
Mental or bodily condition cannot usually be seen directly.
Therefore:

• It is inferred from surrounding facts,
• Conduct,
• Statements,
• Similar acts,
• Previous occurrences.

5. Explanation 1
Facts are relevant only if they show:

• State of mind regarding the particular matter in question,
• Not general tendency or disposition.

📌 Specific intention is relevant,
📌 General criminal tendency is irrelevant.

6. Explanation 2
When previous commission of offence becomes relevant under this section:
👉 Previous conviction also becomes relevant.

7. Scope of Section 12
Section 12 allows evidence:

• To prove mental condition,
• To prove bodily condition,
• To establish intention or knowledge,
• To prove good faith or negligence.

8. State of Mind
Mental condition may include:

• Intention,
• Knowledge,
• Malice,
• Good faith,
• Negligence.

Proof:

• Direct evidence by person himself,
  OR
• Circumstantial evidence from surrounding facts.

9. State of Body
Includes:

• Illness,
• Symptoms,
• Physical condition,
• Bodily pain.

Example:Statements made during illness about symptoms become relevant.

10. Illustrations Relating to Knowledge
Illustration (a) – Possession of Stolen Goods
A is found with stolen property.
Relevant fact:

• He also possessed many other stolen articles.

👉 Relevant to show:

• Knowledge that goods were stolen.

Illustration (b) – Counterfeit Currency
A delivers counterfeit currency.
Relevant facts:

• A possessed many other counterfeit currencies.
• A was previously convicted for similar offence.

👉 Relevant to show guilty knowledge.

Illustration (c) – Ferocious Dog
A sues B because B’s dog attacked him.
Relevant facts:

• Dog had bitten others earlier.
• Complaints were made to B.

👉 Relevant to show:

• B knew dog was dangerous.

Illustration (d) – Fictitious Payee
A accepts bills in fictitious names.
Relevant fact:

• Similar earlier bills accepted in same manner.

👉 Relevant to prove:

• Knowledge of fictitious payee.

11. Illustrations Relating to Intention
Illustration (e) – Defamation
A publishes defamatory statement against B.
Relevant facts:

• Previous publications showing ill-will.

👉 Relevant to prove intention to harm reputation.
Also relevant:

• No previous quarrel,
• A merely repeated what he heard.

👉 Relevant to show absence of malicious intention.

Illustration (i) – Previous Shooting
A is accused of shooting at B with intention to kill.
Relevant fact:

• A had previously shot at B.

👉 Relevant to show intention.

Illustration (j) – Threatening Letters
Previous threatening letters sent by A to B.
👉 Relevant to show intention behind current letters.

12. Illustrations Relating to Good Faith
Illustration (f) – Representation of Solvency
A tells B that C is solvent.
Relevant fact:

• Neighbours also believed C to be solvent.

👉 Relevant to prove good faith.

Illustration (g) – Contractor Case
A pays contractor C for work.
👉 Relevant to show:

• A honestly entrusted work to C.

Illustration (h) – Misappropriation of Found Property
A finds property and appropriates it.
Question:

• Did A honestly believe owner could not be found?

Relevant facts:

• Public notice of lost property existed.
• A believed notice was fraudulent.

👉 Relevant regarding good faith.

13. Illustrations Relating to Ill-Will or Goodwill
Illustration (k) – Cruelty Between Husband and WifeExpressions of feelings shortly before or after cruelty.
👉 Relevant to prove:

• Ill-will or goodwill between spouses.

14. Illustrations Relating to Bodily Feeling
Illustration (l) – PoisoningStatements by deceased during illness about symptoms.
👉 Relevant to prove poisoning.

Illustration (m) – Health ConditionStatements about health near time of insurance policy.
👉 Relevant to prove health condition.

15. Illustration Relating to Negligence
Illustration (n) – Defective CarA sues B for negligent supply of defective car.
Relevant fact:

• B had earlier complaints regarding same car.

👉 Relevant to prove negligence.
But:Habitual negligence regarding all cars is irrelevant.

16. Specific Facts vs General Tendency
Relevant:✔ Specific acts connected to particular matter.
Irrelevant:❌ General criminal tendency,
❌ Habitual bad character.

Example
Relevant:A previously shot at B.
Irrelevant:A habitually shoots at people.

17. Evidence of Previous Conviction
Previous conviction becomes relevant:

• To show guilty knowledge,
• Intention,
• State of mind.

📌 Not to show bad character generally.

18. Similar Fact Evidence (Res Inter Alios Acta)
General Rule:

• Similar unrelated acts are irrelevant.

Exception under Section 12:Similar acts become relevant when:

• State of mind,
• Knowledge,
• Intention,
• Good faith,
  needs to be proved.

19. Important Principles
✔ Section 12 deals with mental and bodily condition
✔ Specific intention is relevant, not general disposition
✔ Similar acts may prove intention or knowledge
✔ Previous conviction may become relevant
✔ Circumstantial evidence is important under this section

20. Quick Revision Points

• Section 12 = facts showing mental or bodily condition.
• State of mind includes intention, knowledge, good faith, negligence etc.
• General criminal tendency is irrelevant.
• Specific facts connected to matter are relevant.
• Similar acts may prove intention or guilty knowledge.
• Previous convictions may become relevant under Explanation 2.