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.
Proving the invisible: states of mind (intention, knowledge, good faith…) and states of body or bodily feeling — by outside facts.
The state must exist in reference to the particular matter — never as general disposition. Illustrations (n), (o), (p) mark the line in red.
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.
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.
(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
Intention, knowledge, good faith, negligence, rashness, ill-will, goodwill — the invisible facts.
Pain, illness, health — the body’s states, proved the same way.
Honest belief — acting on what one genuinely (and carefully) took to be true.
General tendency — “the sort of man he is”; exactly what Exp. 1 shuts out.
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.
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
Explanations 1 & 2The pin — and the shortcut
IllustrationsSixteen pictures — (a) to (p)
Connected provisions
Accident or intention?
The next section applies this machinery to one recurring question — was the act accidental or intentional?
IEA 1872, § 14
This provision carries forward section 14 of the repealed Evidence Act.
