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      Chapter II - Section 12: Facts Showing Existence of State of Mind, or of Body or Bodily Feeling under the BSA, 2023

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      Bare Acts

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      11/09/2026
      7 mins read
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      Chapter II - Section 12: Facts Showing Existence of State of Mind, or of Body or Bodily Feeling under the BSA, 2023
      Tags:BSA 2023RelevancySection 12 BSA
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      Much of what a court has to decide sits inside people's heads. Did the accused know the goods were stolen? Did the accepter of the bill know the payee was fictitious? Did the accused intend to shoot at the deceased, or was it a case of mistake? Did the party act in good faith? Section 12 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the doctrinal engine that lets facts about states of mind, states of body, or bodily feeling be brought before the court where those states are in issue.

      Bare Act Text — Section 12, Bharatiya Sakshya Adhiniyam, 2023

      12. Facts showing existence of state of mind, or of body or bodily feeling. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant.

      Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.

      Explanation 2.—But where, upon the trial of a person accused of an offence, 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 a relevant fact.

      The changes: two illustration modernisations

      Section 12 corresponds to Section 14 of the Indian Evidence Act, 1872 (IEA). The BPRD BSA-to-IEA correspondence table records that the changes are confined to the illustrations, where "coin" has been replaced by "currency" and "carriage" has been replaced by "cars". The main text of the section, both Explanations, and the substantive doctrine are unchanged.

      The two limbs of the rule

      1 States of mind. Intention, knowledge, good faith, negligence, rashness, ill-will, goodwill — the section names these as examples but the list is not exhaustive. Any state of mind in issue or relevant to a fact in issue is covered.
      2 States of body or bodily feeling. Physical condition (health, injury, disability) and subjective bodily feelings (pain, discomfort, exhaustion) — where such states are in issue or relevant, facts showing them are relevant.

      Both limbs share the same threshold: the state of mind, body, or feeling must be either in issue (an element of the offence or a matter directly in dispute) or otherwise relevant in the case. General assertions about a person's disposition or general body condition, disconnected from any specific matter in the case, do not qualify.

      Explanation 1: specificity is required

      Explanation 1 is the operational limit. A fact relevant to state of mind must show that the state of mind exists "not generally, but in reference to the particular matter in question." This forecloses a defence or prosecution strategy of leading generalised character-style evidence dressed up as "state of mind" material. The prosecution cannot lead a witness to say "A is generally a dishonest person" and use Section 12 to admit it as bearing on knowledge in the specific case. The evidence must connect to the specific matter — the particular receiving-of-stolen-goods incident, the particular bill of exchange, the particular publication, the particular delivery.

      Note: Section 12 does not admit general character or reputation evidence under the "state of mind" umbrella. Explanation 1 keeps the section focused on particularised evidence — pattern evidence linked to the specific matter in question, not free-standing character material (that is handled separately by Sections 46 to 50).

      Explanation 2: previous convictions as evidence of the previous offence

      Explanation 2 addresses a narrower point. Where a previous offence committed by the accused is itself relevant under Section 12 (typically as pattern evidence bearing on knowledge or intent — for instance, prior counterfeit-currency deliveries bearing on knowledge in the current delivery), the previous conviction for that offence is also relevant. This spares the prosecution from re-proving the prior offence factually; the conviction itself proves it.

      The illustrations, and the two modernisations

      Section 12's illustrations are the section's real teaching material. They cover a wide range: (a) knowledge in receiving stolen goods; (b) knowledge in delivery of counterfeit currency (BSA change from "coin"); (c) knowledge in a suit for damages by a dog-bite injured plaintiff; (d) knowledge of a fictitious payee on a bill of exchange; (e) intention in a defamation publication; (f) good faith in a fraudulent representation about C's solvency; (g) good faith in permitting a contractor to bind a house-owner; (h) good faith in appropriation of found property; (i) intent in shooting at B; (j) intent in threatening letters; (k) cruelty in matrimonial proceedings; (l) statements by a poisoned deceased about symptoms; (m) statements about state of health at the time of taking insurance; (n) negligence in providing a car for hire (BSA change from "carriage"); (o) intent in a murder-by-shooting case; (p) intent in a specific offence.

      Illustrations (b) and (n) are the ones the BSA has modernised. Illustration (b) speaks of counterfeit "currency" rather than "coin" — aligning the counterfeit-money example with the range of contemporary counterfeit-money offences under the Bharatiya Nyaya Sanhita, 2023. Illustration (n) speaks of a "car" rather than a "carriage" — a straightforward vocabulary update reflecting the actual vehicles used in modern hire arrangements.

      The section in relation to Section 13

      Section Focus
      12 Facts showing the state of mind (or body, or bodily feeling) in reference to the particular matter in question
      13 Facts of similar occurrences bearing on whether the act was accidental or intentional

      The two provisions frequently overlap. Similar-occurrence evidence often serves both purposes — as pattern evidence bearing on intent under Section 13, and as fact evidence showing state of mind under Section 12. Counsel typically invoke both provisions in parallel to admit the same pattern material.

      Working with the Explanation-to-Section-50 character rule

      Section 12's admissibility of "state of mind" material must be read alongside the character-evidence limits of the Explanation to Section 50. The Explanation restricts proof of "character" to general reputation and general disposition, and prohibits proof of particular acts. Section 12 does not override that limit for character evidence; it operates on the different, particularised category of "state of mind in reference to the particular matter in question." Counsel should be alert to the risk of Section 12 evidence being reframed by the opposing side as impermissible character evidence.

      Key Takeaways

      1. Two limbs: facts showing state of mind (intent, knowledge, good faith, negligence, ill-will, etc.), and facts showing state of body or bodily feeling.
      2. Threshold: the state must be in issue or otherwise relevant in the case.
      3. Explanation 1: the state must be shown in reference to the particular matter — not generally.
      4. Explanation 2: previous convictions are relevant to prove previous offences that themselves qualify under this section.
      5. Modernised illustrations: "coin"→"currency" (illustration b) and "carriage"→"cars" (illustration n) — substantive rule unchanged.

      Conclusion

      Section 12 is one of the most heavily used general-relevancy provisions in Indian evidence law. It lets the court receive evidence directed at the internal states — mental and physical — that so often make the difference in criminal and civil litigation. The section's discipline lies in Explanation 1's specificity requirement, which keeps the door open for pattern-based particularised evidence while shutting it on generalised character-style material. The BSA has left the substantive rule and both Explanations untouched; only two illustrations have been modernised, keeping the section current for contemporary factual settings.

      Continue Reading
      Chapter II - Section 13: Facts Bearing on Question Whether Act Was Accidental or Intentional under the BSA, 2023 ➔
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