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BSA 2023 — Section 12: Facts showing existence of state of mind, or of body or bodily feeling

§ SECTION 12 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Facts showing existence of state of mind, or of body or bodily feeling

Courts cannot look inside a head — so the law lets outside facts prove intention, knowledge, good faith, negligence, ill-will… and states of the body. With one strict pin: the state must attach to this very matter.

How to read Section 12

One wide door, one strict pin, one shortcut — and sixteen illustrations.

What it is about

Proving the invisible: states of mind (intention, knowledge, good faith…) and states of body or bodily feeling — by outside facts.

Exp. 1 — the pin

The state must exist in reference to the particular matter — never as general disposition. Illustrations (n), (o), (p) mark the line in red.

Exp. 2 — the shortcut

Where a previous offence is relevant here, the previous conviction for it is relevant too.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 12 · verbatim

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.
Illustrations

(a) 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.

(b) A is accused of fraudulently delivering to another person a counterfeit currency which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit currency is relevant. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit currency knowing it to be counterfeit is relevant.

(c) A sues B for damage done by a dog of B’s, which B knew to be ferocious. The fact that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant.

(d) 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.

(e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B is relevant, as proving A’s intention to harm B’s reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B.

(f) 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.

(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A’s defence is that B’s contract was with C. The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C’s own account, and not as agent for A.

(h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the notice did not disprove A’s good faith.

(i) 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.

(j) 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.

(k) 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.

(l) 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.

(m) 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.

(n) 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.

(o) 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.

(p) 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.

In short: the inner world — intention, knowledge, good faith, negligence, ill-will, and the body’s states too — is proved by outside footprints: other stolen goods, old letters, prior complaints, earlier shots. Exp. 1 pins every footprint to this very matter; Exp. 2 lets a previous conviction ride in where the previous offence is already relevant.

→ The section’s three red-line illustrations — (n), (o), (p) — are its own warning: prove the mind, never the man’s character.

Glossary

state of mind

Intention, knowledge, good faith, negligence, rashness, ill-will, goodwill — the invisible facts.

bodily feeling

Pain, illness, health — the body’s states, proved the same way.

good faith

Honest belief — acting on what one genuinely (and carefully) took to be true.

disposition

General tendency — “the sort of man he is”; exactly what Exp. 1 shuts out.

previous conviction

The court’s prior finding of guilt — enters via Exp. 2 alongside a relevant previous offence.

The picture

A window into the head — with a red line under it.

intention · knowledgegood faith · negligenceill-will · goodwill+ states of the bodyOUTSIDE FACTS PROVE ITother stolen goods · more counterfeitsold complaints · earlier shots at Bprevious letters · words of feelingstatements of symptoms & health+ Exp. 2: the previous conviction rides inExp. 1 — the red line: about THIS matter only, never general disposition (n, o, p)

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleProving the invisible

In one lineWhat a person knew, meant or felt — and the state of his body — is proved by outside facts, whenever that inner state is in issue or relevant.
1The invisible factwhat he knew, meant, felt— inside the head2Shown from outsideother stolen goods · old letterscomplaints · past shots3RELEVANT — pinnedbut only about THIS matter,never general characterminds are proved by footprints — but only footprints on this path
Facts showing the existence of any state of mind,the inner worldfacts that reveal what was going on inside a mind.
such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person,the seven examplesthe Act’s own list — and “such as” means it is illustrative, not exhaustive.
or showing the existence of any state of body or bodily feeling,the body toohealth, illness, pain — bodily states stand with mental ones.
are relevant,the resultthey come in…
when the existence of any such state of mind or body or bodily feeling is in issue or relevant.the anchor…but only when that state is itself in issue or relevant in the case.
ExampleA shopkeeper sells medicine from a batch already complained about to him twice — the complaints enter to show he knew. A patient’s own words about her pain before the operation enter to show her bodily state.
✗ Not thisThis is not a character section. “He is the sort of man who would do it” is exactly what Explanation 1 forbids — the Act itself says so three times over, in illustrations (n), (o) and (p).

Explanations 1 & 2The pin — and the shortcut

In one lineExp. 1: the state of mind must attach to this very matter — not to life in general. Exp. 2: where a previous offence is relevant, its conviction rides in with it.
1“He’s just like that”general disposition —shut out ✗2“About THIS matter”knowledge of this batch, intenttowards this person ✓3The shortcuta previous offence in? itsCONVICTION comes in tooExp. 1 pins the mind to the matter; Exp. 2 saves re-trying old cases
Explanation 1.—A fact relevant as showing the existence of a relevant state of mindthe filterwhen a fact enters to show a state of mind…
must show that the state of mind exists, not generally,⚠ not disposition…it must NOT merely show a general tendency — “he is that sort of man” is out…
but in reference to the particular matter in question.pinned to THIS matter…the state of mind must attach to this very matter. Illustrations (n), (o), (p) enact the line.
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 triggerwhere a previous offence is already relevant under this section…
the previous conviction of such person shall also be a relevant fact.the conviction rides in…the conviction for it comes in too — the court need not retry the old case.
ExampleIllustration (b) shows both at once: A’s other counterfeit notes prove knowledge (the section), and his previous conviction for passing counterfeits enters with it (Exp. 2).
✗ Not thisExp. 2 is a one-way door: the conviction enters because the previous offence is already relevant — a bare old conviction, standing alone, proves nothing here.

IllustrationsSixteen pictures — (a) to (p)

In one lineFour on knowledge · five on intention and ill-will · three on good faith · one on negligence · three on body and feeling — and three that draw the “not general” line in red.
(a) many stolen articlesknowledgepossession of many other stolen goods shows he knew each was stolen.
(b) other counterfeits + old convictionknowledge + Exp. 2more fake notes show knowledge; the previous conviction rides in.
(c) the dog that bit X, Y and Zknowledgeearlier bites and complaints to B show B knew the dog was ferocious.
(d) the fictitious payeeknowledgeaccepting bills too fast for a real payee shows A knew there was none.
(e) old publications — and their absenceintention / ill-willearlier attacks show intent to harm; no old quarrel + mere repetition show the opposite.
(f) the neighbours thought C solventgood faithcommon belief in C’s solvency shows A represented in good faith.
(g) A paid Cgood faithpayment shows A genuinely handed the work to C as principal.
(h) the lost-property noticegood faithpublic notice cuts against good faith — unless A knew the notice itself was a fraud.
(i) shot at B beforeintentiona previous shot at B shows the intent behind this one.
(j) earlier threatening lettersintentionthe old letters show what the new ones meant.
(k) the spouses’ expressionsfeelingwords of feeling shortly before or after alleged cruelty are relevant.
(l) A’s symptomsbodily feelingA’s statements of his symptoms during illness — the poisoning question.
(m) health at policy timestate of bodyA’s statements about his health near the assurance date.
(n) the defective car⚠ the linewarnings about THIS car are in; “habitually negligent” is OUT.
(o) shots at B — not at the world⚠ the lineearlier shots at B show intent; a habit of shooting people is OUT.
(p) words about THIS crime⚠ the line“I will do this crime” is in; a general criminal disposition is OUT.
item…and many more stolen articles(a) Many other stolen articles in his hands — he knew what each one was.
₹✗₹✗₹✗₹✗previously CONVICTEDof the same offence — Exp. 2(b) More counterfeit notes prove knowledge — and the old conviction rides in (Exp. 2).
X · Y · Z — bitten earliercomplaints reached B(c) The dog had bitten X, Y and Z — and the complaints reached B: B knew.
?the payee never existed(d) Bills accepted faster than a real payee could send them — A knew the payee was fiction.
old attacks on B — ill-willno old quarrel · merely repeated— shows NO intent to harm(e) Old attacks show ill-will; no old quarrel and mere repetition show its absence.
C“C is solvent” ✓the neighbours believed it too(f) The neighbours also thought C solvent — A spoke in good faith.
C — the contractorB — the workmanC contracted on his own account(g) A paid C — in good faith he made C the principal, so C contracted with B on his own account.
LOSTpublic noticeA saw it — good faith shaken……unless A knew C posted itas a fraud — faith restored(h) The LOST notice cuts against good faith — unless A knew it was C’s fraud.
an earlier occasion — A shot at B(i) A had shot at B before — the intent behind this shot.
earlier threatening letters — !B(j) Earlier threatening letters show what the new ones meant.
their words of feeling— shortly before or after(k) The spouses’ expressions of feeling, shortly before or after the alleged cruelty.
“my symptoms are…”(l) A’s own statements of his symptoms during the illness — the poisoning question.
“my health is…”the life policy(m) A’s statements about his health at the time the life policy was taken.
THIS car’s known defect ✓“habitually negligent”irrelevant ✗(n) Warnings about THIS car’s defect are in; habitual negligence is out.
shots at B ✓“a habit of shooting at people”irrelevant ✗(o) Earlier shots at B are in; a habit of shooting at people is out.
“I will do THIS crime” ✓“crimes of that class… generally”irrelevant ✗(p) Words about THIS crime are in; a general criminal disposition is out.
ExampleRead the gallery by its colours: the first thirteen show how the inner world is proved from outside; the last three — (n), (o), (p) — are the Act drawing its own red line: this matter, this person, this crime — never “that sort of man”.

Connected provisions

§ 6

Motive & conduct

Motive is the why; this section proves the knowing and meaning behind the act.

§ 9

Residuary doors

Where a mind-fact fits no listed route, § 9’s doors may still receive it.

§ 13 · next

Accident or intention?

The next section applies this machinery to one recurring question — was the act accidental or intentional?

lineage

IEA 1872, § 14

This provision carries forward section 14 of the repealed Evidence Act.