Introduction 

• Bharatiya Sakshya Adhiniyam, 2023 (BSA) has divided the facts into two categories: physical facts and psychological facts. 
• A psychological fact is state of mind or mental condition of which any person is conscious. 
• To prove psychological facts the state of mind, body or bodily feeling of a person is relevant under Section 12 of BSA. 

Essentials of Section 12 of BSA 

• Section 12 of BSA provides for relevancy of facts showing existence of state of mind or of body or bodily feeling. 
• Facts showing the existence of following state of mind shall be relevant: 
  • Intention 
    • Every sane person must be held to intend the natural consequences of his act. 
    • “A is charged with shooting at B with intent to kill him. In order to show A's intent, the fact of A's having previously shot at B may be proved.” 
    • “A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters.” 
  • Knowledge  
    • Knowledge signifies being aware. It represents a certain perception of truth, reasonable conviction. 
    • “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.” 
    • “The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person.” 
  • Good faith 
    • Good faith is the state of mind indicating honesty and lawfulness of purpose. 
    • Nothing shall be done in good faith which is not done with due care and caution. 
    • The standard of care required is that of a reasonable prudent person acting with care and caution. 
    • “A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith.” 
  • Negligence 
    • Negligence is want of attention to what ought to be done and looked after 
    • Negligence in law signifies a coming short of performance of duty. 
    • Negligence is absence of proper care, caution and diligence as a reasonable prudent person would exercise.  
    • “A sues B for negligence in providing him with a car for hire not reasonably fit for use, whereby A was injured. The fact that B's attention was drawn on other occasions to the defect of that particular car is relevant. The fact that B was habitually negligent about the cars which he let to hire is irrelevant.” 
  • Ill will 
    • Ill will means enmity or unkind feeling. 
    • “The question is, whether A has been guilty of cruelty towards B, his wife. Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts.” 
  • Goodwill  
  • Facts showing existence of any state of body or bodily feeling 
    • Whenever the state of a person’s body or bodily feeling is in issue, evidence can be given of every fact from which inference can be drawn as to such body or bodily feeling. 
    • “The question is, whether A's death was caused by poison. Statements made by A during his illness as to his symptoms are relevant facts.”  
    • “The question is, what was the state of A's health at the time when an assurance on his life was effected. Statements made by A as to the state of his health at or near the time in question are relevant facts.” 

Explanation 1 

• Explanation 1 provides that it must be shown that the state of mind exists not generally but in reference to the particular matter in question. 
• To understand this illustration (o), (p) should be considered. This illustration provides that  
  • A is tried for the murder of B by intentionally shooting him dead. The fact that A on other occasions shot at B is relevant as showing his intention to shoot B. The fact that A was in the habit of shooting at people with intent to murder them is irrelevant. 
  • A is tried for a crime. The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant. 

Explanation 2 

• Explanation 2 provides that where upon trial of a person 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 relevant. 
• Previous conviction cannot be admitted under Section 14 as substantive evidence to prove the guilt of the accused. 
• But previous conviction for the same crime is relevant when the existence of any state of mind is in issue. 

Conclusion 

As per Bharatiya Sakshaya Adhiniyam, 2023 (BSA) evidence can be given only of fact in issue or relevant fact. Section 12 of BSA provides that the facts which show existence of any state of mind or body or bodily feeling are relevant.