Facts showing existence of state of mind, or of body or bodily feeling.
What this section does
Facts showing the existence of any state of mind (such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill) or any state of body or bodily feeling are relevant when such state of mind or body is itself in issue or relevant. The state of mind must be shown to exist in reference to the particular matter in question, not merely as a general disposition. Where a previous offence is relevant to show state of mind, a previous conviction for that offence is also a relevant fact.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Facts evidencing a specific state of mind or bodily condition are relevant when that state is in issue or relevant, provided they relate to the particular matter and not merely a general disposition.
When it applies
- A accused of receiving stolen goods: the fact that he simultaneously possessed many other stolen articles is relevant to show he knew each article was stolen.
- A charged with shooting B with intent to kill: A's previous shooting at B is relevant to show intent, but A's general habit of shooting at people is irrelevant.
Practitioner note
Explanation 2 makes a prior conviction independently relevant where the prior offence itself is relevant under this section. Illustrations (n) and (o) draw the critical distinction between specific relevant instances and inadmissible evidence of general disposition.
Derived from IEA s.14.
Read the official text
For the binding statutory text of BSA Section 12, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 12 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.