Section – 14. Facts showing existence of state of mind, or of body or bodily feeling
- This section deals with relevancy of facts showing the existence of a person’s –
- state of mind
- state of body
- state of bodily feeling
- Facts are of two types of Facts
- Physical Facts
- Psychological Facts
- State of body is a physical fact whereas state of mind or state of bodily feelings is a psychological facts.
- Fact showing state of mind viz., intention , knowledge , good faith , negligence , rashness , ill will or good will etc are relevant when such state of mind is in issue .
- It is not possible to proof state of mind of any person by the direct evidence , so most cogent evidences provided by circumstantial evidences of the other external or collateral facts
A person statement and act before or after the fact in issue supply the data for an inferences as to intention or the guilty lnowledge.
- In criminal cases , Mens rea is generally an indispensable element
- To establish mens rea , proof of particular intention or knowledge with which a particular criminal act is done can be led under section – 14
- Occasionally in civil cases also a person state of mind in doing an act is relevant as in actions founded on fraud , slander , negligence , false imprisonment , malicious prosecution etc.
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