Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter II
15. Facts bearing on question whether act was accidental or intentional
Feedback & supportWhen there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that the act formed part of series of similar occurrences, in each of which the person doing the act was concerned, is relevant.
fact
“fact” means and includes— (a) any thing, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious; (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact;
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 fire was not accidental.
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.
A is accused of fraudulently delivering to B a counterfeit ringgit.
The question is whether the delivery of the ringgit was accidental.
The facts that soon before or soon after the delivery to B, A delivered counterfeit ringgit to C, D and E are relevant as showing that the delivery to B was not accidental.