​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Admissions (Sections 15–23)
1. Meaning of Admission [Section 15]
​An admission is:

• A statement (oral, documentary, or electronic),
• Which suggests an inference regarding:
  • A fact in issue, or
  • A relevant fact.

📌 Statement = genus
📌 Admission = species
📌 Confession = sub-species of admission
Case:

• Aghanoo Nagesia v State of Bihar
  • Supreme Court held that confession is a species of admission.

2. Essentials of AdmissionAn admission becomes relevant when:

1. It is made by persons mentioned in Sections 16–18.
2. It satisfies conditions under Sections 16–25.
3. It relates to facts in issue or relevant facts.

3. Meaning of “Statement”A statement may be:

• Oral
• Written
• Electronic

📌 Communication is not necessary.
Cases:

• Bhogilal v State of Maharashtra
• Sahoo v State of U.P.

👉 Even:

• Soliloquy,
• Diary entries,
• Private statements

may amount to admissions/confessions.

4. Admissions as Exception to Hearsay RuleAdmissions and confessions are exceptions to hearsay rule because:

• A person generally does not make statements against his own interest unless true.

Example:A writes in diary:
“I killed B.”
Even if not communicated, it is admissible.

5. Admissions as Substantive EvidenceAdmissions are substantive evidence if properly proved.
Cases:

• Bishwanath Prasad v Dwarka Prasad
• Union of India v Moksh Builders
• Bharat Singh v Bhagirathi

Principles:

• Admission is admissible proprio vigore (by its own force).
• Maker need not appear in witness box.
• No need to confront maker before proving admission.

6. Justification for Admissibility of Admissions
(a) Admissions as Waiver of Proof

• Admission dispenses with necessity of proving admitted fact.
• Supported by Section 53 BSA.
• Court may still demand proof if necessary.

(b) Admissions as Statements Against Interest

• People ordinarily do not make statements harmful to themselves unless true.

(c) Admissions as Evidence of Truth

• Statements made by party are treated as reflecting truth regarding disputed facts.

(d) Admissions as EstoppelWhere:

1. Admission amounts to representation, and
2. Other party acts upon it,

👉 Maker cannot later deny it.

7. Kinds of Admissions
A. Formal Admissions (Judicial Admissions)Made:

• In pleadings,
• During judicial proceedings,
• During trial/hearing.

Features:

• Binding on maker,
• Operate as waiver of proof,
• Strong evidentiary value.

📌 Governed by:

• Order 12 CPC,
• Section 53 BSA,
• Section 330 BNSS.

B. Informal Admissions (Extra-Judicial Admissions)Made outside court:

• Oral,
• Written,
• Casual conversations,
• Business communications.

Features:

• Not conclusive,
• Can be rebutted.

8. Admission by ConductAdmissions may arise through:

• Active conduct,
• Passive conduct.

📌 Governed by Section 6 BSA.
Examples:

• Leaving father’s name blank in birth register → admission of illegitimacy.
• Remaining silent when accused of debt → admission by silence.

9. Silence as AdmissionSilence amounts to admission when:

• Reply/denial is naturally expected, or
• There is duty to speak.

Example:In breach of promise to marry:

• Woman alleges promise,
• Man remains silent and offers money.

👉 Silence treated as admission.

10. Admissions Must be ClearAdmissions must be:

• Unequivocal,
• Clear,
• Comprehensive,
• Unambiguous.

Court reads statement as a whole.

11. Admission of LawAdmissions on pure questions of law:
❌ Not binding on court.
Court independently determines legal position.

12. Admission under Section 351 BNSSAdmissions by accused during examination:

• May be considered by Court,
• But cannot solely form basis of conviction.

Case:

• State of U.P. v Lakhmi

13. Difference Between Admission and Confession (Note Form)Admission

• Wider concept.
• Applies in both civil and criminal cases.
• Need not amount to acknowledgment of guilt.
• May merely suggest inference regarding relevant fact.
• Can be self-serving or self-harming.
• Governed mainly by Sections 15–21 BSA.

Confession

• Narrower concept and species of admission.
• Used mainly in criminal cases.
• Must admit guilt substantially.
• Always relates to commission of offence.
• Usually inculpatory in nature.
• Governed mainly by Sections 22–24 BSA.

14. Important PrinciplesAdmissions:✔ Are substantive evidence
✔ Are exceptions to hearsay rule
✔ May be oral/written/electronic
✔ May arise through conduct or silence
✔ Are generally rebuttable
But:❌ They are not conclusive proof unless they operate as estoppel.

15. Quick Revision Points

• Sections 15–23 BSA deal with admissions and confessions.
• Confession is species of admission.
• Judicial admissions are strongest.
• Silence may amount to admission.
• Admissions are substantive but not conclusive evidence.
• Estoppel makes admission conclusive.

​KembaraXtra – Indian Evidence Law- Bharatiya Sakshya Adhiniyam (BSA) – Existence of Course of Business when Relevant [Section 14]
1. Meaning of Section 14Section 14 deals with:

• Relevancy of existence of course of business.

It states that:
When the question is whether a particular act was done, the existence of any course of business according to which it naturally would have been done is a relevant fact.

2. Principle of Section 14If:

• An act is usually done in a regular course of business or office,

then:

• The court may consider that the act was done in the present case also.

📌 The section is based on:

• Ordinary human conduct,
• Regular office/business routine.

3. Essentials of Section 14To apply Section 14:

1. There must be a question whether a particular act was done.
2. A regular course of business or office must exist.
3. The act must ordinarily be done according to that routine.

4. Illustrations
Illustration (a) – Dispatch of LetterQuestion:

• Whether a particular letter was dispatched.

Relevant facts:

• All letters placed at a certain place are ordinarily posted.
• The particular letter was placed there.

👉 Relevant to prove dispatch.

Illustration (b) – Delivery of LetterQuestion:

• Whether a particular letter reached A.

Relevant facts:

• Letter was properly posted.
• Letter was not returned by Return Letter Office.

👉 Presumption that letter reached A.

5. Scope of Section 14

• Section 14 deals with relevancy of facts.
• It does NOT itself create a presumption.

📌 It only makes evidence of course of business admissible.

6. Difference Between Section 14 and Section 119Section 14

• Deals with relevancy of facts.
• Applies to public and private business/offices.
• More general in nature.

Section 119

• Deals with presumptions of fact.
• Court may presume common course of business was followed.
• Illustration (f) mainly relates to post office business.

7. Course of Business“Course of business” means:

• Usual routine,
• Habitual office practice,
• Regular system followed in business or office work.

📌 Law gives evidentiary value to such regular practice.

8. Presumption from Course of BusinessIf:

• An act is shown to have been done according to ordinary course of business,

then:

• Court may presume the act was properly done.

Example:

• Clerk habitually posts all letters handed to him.
• Particular letter was handed to him.

👉 Court may presume letter was posted.

9. Delivery of LettersWhen:

1. Letter is properly posted, and
2. It is not returned,

👉 Court may presume it was delivered.
📌 Based on ordinary postal routine.

10. Refusal to Accept LetterIf:

• Addressee refuses to receive letter,

then:

• He cannot later deny knowledge of contents.

📌 Postal endorsement showing refusal becomes proof.

11. Important Points✔ Section 14 relates to relevancy, not presumption
✔ Applies to private and public business routines
✔ Regular office practice is relevant evidence
✔ Helps prove dispatch/delivery of documents
✔ Connected with Section 119 illustration (f)

12. Quick Revision Points

• Section 14 = relevance of course of business.
• Routine business practice helps prove disputed acts.
• Posting and delivery of letters are common examples.
• Refusal to receive letter amounts to notice.
• Section 14 deals with admissibility; Section 119 deals with presumption.

​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Facts Tending to Enable the Court to Determine the Amount in Suits for Damages are Relevant [Section 10]
1. Meaning of Section 10
​Section 10 states that:

• In suits where damages are claimed,
• Any fact which helps the Court determine:
  • The amount of damages,
  • Which ought to be awarded,
    is relevant.

2. Purpose of the Section
The section enables the Court:

• To assess compensation properly,
• To determine actual loss suffered,
• To calculate appropriate damages.

3. Principle Behind the Section
Every fact that:

• Increases damages,
  OR
• Reduces damages,
  is relevant if it helps the Court determine compensation.

4. Illustration
Example:B purchases goods from A.
B informs A:

• Goods must be delivered before a certain date,
• So B can fulfill a subcontract with C.

A negligently delays delivery.
As a result:

• B loses profit from subcontract with C.

👉 The information given by B to A regarding special circumstances becomes relevant.
Reason:
It helps the Court determine special damages.

5. Scope of Section 10
Section 10 applies mainly to:

• Law of contract,
• Law of torts.

It permits evidence of facts:

• Affecting amount of damages,
• Showing extent of loss,
• Showing consequences of breach or wrong.

6. Types of Cases Covered
Relevant facts differ according to nature of case, such as:
(a) Breach of ContractExample:

• Commercial contracts,
• Construction contracts,
• Delivery contracts.

(b) TortsExample:

• Negligence,
• Defamation,
• Trespass,
• Personal injury.

(c) Breach of Promise to Marry**(d) Property Damage Cases**

7. Suit for Damages
Damages mean:

• Monetary compensation awarded to injured party.

The amount of damages is itself:

• A fact in issue.

8. Relevant Facts Under Section 10
Facts are relevant if they help determine:

• Extent of loss,
• Actual injury,
• Financial consequences,
• Intention,
• Good faith,
• Malice,
• Negligence,
• Special circumstances.

9. General Rule
Every fact is relevant:

• Which helps Court determine proper compensation.

10. Damages in Contract Law
Section 73 of the Indian Contract Act governs:

• Measure of damages for breach of contract.

Relevant facts may include:

• Expected profits,
• Notice of special circumstances,
• Market price,
• Loss directly arising from breach.

11. Special Damages
Special damages can be claimed when:

• Special circumstances were communicated,
• Defendant knew consequences of breach.

Example:
Loss of profit from subcontract.

12. Damages in Tort Law
Relevant facts may include:

• Nature of injury,
• Mental suffering,
• Loss of reputation,
• Medical expenses,
• Future loss.

13. Good Faith and Malice
Facts showing:

• Honesty of purpose,
• Good faith,
• Absence of malice,
  may affect amount of damages.

14. Character Evidence in Civil Cases
Section 50 BSA allows:

• Character evidence in civil cases,
  if relevant for assessing damages.

15. Important Features of Section 10
✔ Applies to civil suits for damages
✔ Helps determine quantum of compensation
✔ Covers both contract and tort cases
✔ Special circumstances become relevant
✔ Facts increasing or reducing damages are admissible

16. Key Principle
The Court must award:

• Fair,
• Reasonable,
• Just compensation.

Therefore, all facts helping assessment of damages become relevant.

17. Quick Revision Points

• Section 10 relates to suits for damages.
• Facts helping Court determine compensation are relevant.
• Applies to contract and tort cases.
• Special damages require prior notice of special circumstances.
• Good faith and absence of malice may affect damages.
• Amount of damages itself is a fact in issue.

​KembaraXtra – Legal Terms – Mixed Fund


A mixed fund is a fund consisting of money derived from both real property and personal property.


Such funds commonly arise in estates and trusts where proceeds from different categories of assets are combined together.


Questions may then arise regarding how the money should be distributed among beneficiaries with different rights or interests.


The administration of mixed funds often requires careful accounting to identify the source and nature of the assets involved.


Equitable principles may be applied by courts to resolve disputes concerning entitlement to the fund.

​KembaraXtra – Legal Terms – M’Naghten Rules


The M’Naghten Rules are legal principles governing the defence of insanity in criminal law.


They originated from the case of Daniel M’Naghten and establish the test for determining whether a defendant should be considered legally insane at the time of committing an offence.


Under the rules, a defendant may avoid criminal liability if, because of a defect of reason caused by disease of the mind, he did not understand the nature and quality of the act or did not know that it was wrong.


The rules remain central to the law of insanity in many common-law jurisdictions.


They focus on cognitive understanding rather than emotional or moral incapacity.

KembaraXtra – Legal Terms – Mixed Property
Mixed property refers to property that possesses characteristics of both real and personal property.
Certain legal rights or items cannot be classified entirely within one category, and therefore occupy a mixed position in property law.
An example is emblements, which involve crops grown on land but capable of being treated as personal property under specific circumstances.
The distinction between real and personal property affects ownership, inheritance, transfer, and remedies.
Mixed property demonstrates that legal classifications are sometimes flexible and dependent on context.

​

​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Facts Relevant When Right or Custom is in Question [Section 11]
1. Meaning of Section 11
Section 11 deals with:

• Facts relevant when the existence of:
  • A right, or
  • A custom
    is in question.

The section makes relevant:

• Transactions relating to such right/custom, and
• Instances showing exercise or denial of such right/custom.

2. Facts Relevant Under Section 11
The following facts are relevant:
(a) Transactions
Transactions by which the right or custom was:

• Created,
• Claimed,
• Modified,
• Recognised,
• Asserted,
• Denied,
  OR
• Inconsistent with its existence.

(b) Particular Instances
Instances where the right/custom was:

• Claimed,
• Recognised,
• Exercised,
• Disputed,
• Asserted,
• Departed from.

3. Illustration
Question:
Whether A has a right to fishery.
Relevant facts:

• Deed granting fishery rights to A’s ancestors,
• Mortgage of fishery,
• Later grant inconsistent with mortgage,
• Exercise of fishery rights by A’s father,
• Objections by neighbours.

👉 All are relevant facts.

4. Scope of Section 11
Section 11 lays down rules for:

• Proof of customs,
• Proof of rights.

The section recognizes:

• Historical transactions,
• Practical exercise of rights/customs,
  as evidence.

5. Purpose of the Section
The section helps courts determine:

• Whether a right/custom exists,
• Its origin,
• Its recognition,
• Its exercise over time.

6. Custom Defined
A custom is:

• A rule existing from ancient times,
• Accepted continuously,
• Having force of law in a locality or group.

7. Salmond’s Definition of Custom
According to Salmond:
Custom embodies principles accepted by society as:

• Truth,
• Justice,
• Public utility.

8. Types of Customs
(a) Legal Custom

• Has force of law itself.

(b) Conventional Custom

• Depends on agreement or acceptance by parties.

9. Characteristics of Custom
A custom:

• Cannot extend to whole country generally,
• Applies to:
  • Particular locality,
  • Family,
  • Community,
  • District.

10. Essentials of a Valid Custom
A valid custom must be:
✔ AncientExisting from time immemorial.
✔ CertainClear and definite.
✔ ContinuousUniformly followed.
✔ InvariableConsistently observed.
✔ ReasonableNot arbitrary or unfair.
✔ EnforceableCapable of legal enforcement.
✔ Established by Clear EvidenceMust be proved properly.

11. Invalid Customs
A custom is invalid if:

• Immoral,
• Against public policy,
• Contrary to statute,
• Opposed to justice, equity and good conscience.

12. Proof of Custom
Custom is:

• A question of fact,
• Not logic or assumption.

It must be proved through evidence.

13. Important Principles Regarding Proof of Custom
(a) Custom is Matter of Fact
Custom cannot be presumed merely from theories.
It must be proved by:

• Oral evidence,
• Historical evidence,
• Public records,
• Village customs,
• Conduct.

(b) Court Must Accept Custom As It Exists
Court examines:

• What custom actually is,
  NOT
• What custom ought to be.

14. Modes of Proving Custom
Custom may be proved by:
(i) Persons Having Special KnowledgeUnder Section 42.
(ii) Statements Under Section 26(d)**(iii) Transactions**Under Section 11(a).
(iv) Particular Instances**Under Section 11(b).

15. Meaning of Right
Section 11 applies to all kinds of rights:

• Ownership rights,
• Easement rights,
• Fishery rights,
• Public rights,
• Private rights,
• Corporeal rights,
• Incorporeal rights.

16. Transactions Under Clause (a)
Relevant transactions include:

• Deeds,
• Grants,
• Mortgages,
• Transfers,
• Agreements.

These show:

• Creation,
• Assertion,
• Denial,
• Modification of rights.

17. Example of Transaction
If A’s father mortgages fishery rights:
👉 Mortgagee gets rights.
Later grant inconsistent with mortgage:
👉 Earlier mortgage becomes relevant to deny later claim.

18. Meaning of Transaction
Transaction means:

• Something concluded between persons,
• Reciprocal dealings,
• Completed legal act.

19. Meaning of Instance
An instance means:

• Example,
• Practical exercise,
• Actual occurrence showing existence of right/custom.

20. Transactions vs Mere Statements
Relevant:✔ Transactions asserting or denying right.
Not Relevant:❌ Mere statements asserting rights.
Example:

• Mere recital in deed is not transaction,
• But may become relevant under other provisions.

21. Relevancy of Judgments Not Inter-Partes
Judgment between strangers may still be relevant:

• To show existence of transaction,
• Conduct of parties,
• Subject matter of dispute,
• Assertion of rights.

But:
❌ Findings of fact are not proof in another case.

22. Important Case – Shrinivas Krishna Rao Kango v Narayan Devji Kango
Held:
Previous judgment regarding maintenance and joint family property was admissible:

• To prove extent of joint family property,
• As collateral evidence.

23. Important Distinction
Relevant:✔ Transaction itself,
✔ Conduct,
✔ Assertion of rights.
Irrelevant:❌ Findings of fact from previous judgment as proof of truth.

24. Important Principles
​✔ Section 11 deals with proof of rights and customs
✔ Transactions and practical instances are relevant
✔ Custom must be ancient, certain and reasonable
✔ Mere statements are not enough
✔ Rights may be public or private
✔ Previous judgments may be relevant for collateral purposes only

25. Quick Revision Points

• Section 11 = relevancy of facts relating to rights/customs.
• Transactions creating or denying rights are relevant.
• Instances of exercise of rights are relevant.
• Custom must be ancient, certain and reasonable.
• Mere assertions are not sufficient.
• Judgments not inter-partes are admissible only for collateral purposes.

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

​KembaraXtra – Indian Evidence Law - Bharatiya Sakshya Adhiniyam (BSA) – Facts Bearing on Whether an Act was Accidental or Intentional [Section 13]
1. Meaning of Section 13
​Section 13 deals with:

• Facts relevant to determine whether an act was:
  • Accidental,
  • Intentional,
  • Done with particular knowledge, or
  • Done with particular intention.

It states that:
When an act forms part of a series of similar occurrences involving the same person, such facts are relevant to determine whether the act was accidental or intentional.

2. Principle of Section 13The section is based on the idea that:

• A single act may be accidental,
• But repeated similar acts indicate intention or design.

📌 Repetition reduces possibility of accident.

3. Essentials of Section 13To apply Section 13, following conditions must be satisfied:
(i) There must be a question:

• Whether the act was:
  • Intentional,
  • Accidental,
  • Done knowingly,
  • Done with specific intention.

(ii) The act must form part of a series of similar occurrences

• Similar acts should repeatedly occur.

(iii) The same person must be connected with all occurrences

• The accused/person concerned must be involved each time.

4. Scope of Section 13

• Section 13 is an application of the general principle under Section 12.
• It is NOT necessary that all acts form part of one transaction.
• It is sufficient if:
  • They form part of a series of similar acts.

📌 Similar acts become relevant to:

• Prove intention,
• Prove knowledge,
• Rebut defence of accident or mistake.

5. Illustration (a) – Insurance FraudFacts:A burns down his insured house.
Question:

• Was the fire accidental?

Relevant facts:

• A had several insured houses,
• Each house caught fire successively,
• A received insurance money every time.

👉 Relevant to show:

• Fires were intentional,
• Not accidental.

6. Illustration (b) – False EntriesFacts:A receives money for B and records less amount in account book.
Question:

• Was false entry accidental?

Relevant facts:

• Other entries made by A are also false,
• Each false entry benefits A.

👉 Relevant to prove:

• False entries were intentional.

7. Illustration (c) – Counterfeit CurrencyFacts:A delivers counterfeit currency to B.
Question:

• Was delivery accidental?

Relevant facts:

• A also delivered counterfeit currency to C, D, and E.

👉 Relevant to prove:

• Delivery was intentional,
• Not accidental.

8. Similar OccurrencesThe section mainly deals with:

• Similar fact evidence,
• Repeated conduct.

📌 One incident may be coincidence,
📌 Repeated incidents suggest deliberate conduct.

9. Purpose of Section 13Evidence under this section is used to:
✔ Show intention
✔ Show guilty knowledge
✔ Show fraudulent design
✔ Rebut defence of:

• Accident,
• Mistake,
• Absence of knowledge,
• Absence of intention.

10. Important Points✔ Similar acts are admissible under this section
✔ Acts need not form same transaction
✔ Repetition indicates intention
✔ Section helps determine mental element (mens rea)
✔ Connected with knowledge and intention

11. Quick Revision Points

• Section 13 = Similar occurrences prove intention.
• Repeated acts reduce possibility of accident.
• Same person must be connected with all acts.
• Similar fact evidence becomes relevant.
• Helps establish mens rea and guilty intention.

KembaraXtra – Legal Terms – Mixed Action
A mixed action is a legal action that combines claims relating to real property with claims for damages.
Historically, such actions arose where disputes involved both rights over land and compensation for loss or injury connected to that land.
The action therefore contains elements of both property litigation and personal claims for monetary relief.
Mixed actions developed within older procedural systems that classified court actions into different categories.
Although the historical distinctions are less important in modern procedure, the concept still has relevance in legal history and property la

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