Tuesday, March 15, 2016

Section 15 Indian Evidence Act

IEA 15 : Section 15 of the Indian Evidence Act:

Facts bearing on question whether act was accidental or intentional.—When there is a question whether an act was accidental or intentional, 1[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.—When there is a question whether an act was accidental or intentional, 1[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 rupee. The question is, whether the delivery of the rupee was accidental. The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are relevant, as showing that the delivery to B, was not accidental.

India's Important Case Laws and Landmark Judgments on IEA - Section 15 Indian Evidence Act 1872:
Kartar Singh vs State Of Punjab on 11 March, 1994 Supreme Court of India 
Ram Murti vs Bhola Nath And Anr. on 10 August, 1982 Delhi High Court 
Mohmed Amin @ Amin C.R.M.Shaikh vs C.B.I Tr.Its Director on 18 November, 2008 Supreme Court of India 
Daniraiji Vrajlalji vs Vahuji Maharaj Chandraprabha on 16 April, 1970 Gujarat High Court 
Prakash Kumar @ Prakash Bhutto vs State Of Gujarat on 12 January, 2005 Supreme Court of India 
Prakash Kumar @ Prakash Bhutto vs State Of Gujarat on 12 January, 2005 Supreme Court of India 
Prakash Kumar @ Prakash Bhutto vs State Of Gujarat on 12 January, 2005 Supreme Court of India 
Manjit Singh @ Mange vs C.B.I on 25 January, 2011 Supreme Court of India 
The Code Of Criminal Procedure,1889 Law Commission Report 
Philips India Limited vs Ld. Fourth Industrial Tribunal on 26 August, 2003 Calcutta High Court

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