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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter II

OF THE RELEVANCY OF FACTS

Facts bearing on question whether act was accidental or intentional
15. When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.
 
 
Illustrations
 
 
(a) 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 fires were not accidental.
 
 
(b) 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.
 
 
(c) A is accused of fraudulently delivering to B a counterfeit Taka.
 
 
The question is, whether the delivery of the Taka was accidental.
 
 
The facts that, soon before or soon after the delivery to B, A delivered counterfeit Taka to C, D and E are relevant, as showing that the delivery to B was not accidental.

  • 1
    Throughout this Act, except otherwise provided, the words "Bangladesh", "Government" and "Taka" were substituted, for the words "Pakistan", "Central Government" and "rupees" or "Rs." respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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Ministry of Law, Justice and Parliamentary Affairs