Indian evidence law | Updated October 2026
Section 14 of the Indian Evidence Act: Facts Showing State of Mind or Body
Intention, knowledge, good faith, negligence, ill-will, physical condition and bodily feelings can be relevant evidence when the particular state of mind or body is in issue. The corresponding provision in the current law is Section 12 of the Bharatiya Sakshya Adhiniyam, 2023.
BSA Section 12: Facts showing existence of state of mind or body
Section 12 of the Bharatiya Sakshya Adhiniyam, 2023 deals with facts indicating a relevant state of mind, including intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards a particular person, or a relevant state of body or bodily feeling. It corresponds to Section 14 of the former Indian Evidence Act.
The section requires a connection to the specific matter in dispute. Evidence of a person's general disposition is not enough merely because it suggests that the person tends to act in a particular way. The statutory treatment of previous convictions applies only where prior offending is otherwise relevant within the section, subject to the remaining rules of evidence and procedure.
Meaning and scope of the provision
State of mind
A person's intention concerns what they meant to bring about; knowledge concerns awareness of a material fact; good faith concerns the relevant honest belief or care required by applicable law; negligence concerns a failure to exercise the legally required care; and rashness concerns consciously taking an unjustified risk. Ill-will or good-will may help explain the person's attitude towards someone directly involved in the dispute.
State of body or bodily feeling
Evidence about symptoms, illness, physical condition or bodily sensations may be relevant when health or physical state matters to the case. Whether a particular statement can be proved also depends on the applicable rules governing statements and their admissibility.
Two important explanations
Explanation 1: Evidence must concern the state of mind relating to the particular matter, not a general character trait. Explanation 2: When a prior offence is independently relevant to the issue under this provision, the earlier conviction may also be relevant. Neither explanation makes all past misconduct automatically admissible.
Historical text: Section 14 of the Indian Evidence Act, 1872
The following preserves the original section's substantive wording and its 16 illustrations, (a) to (p), covering stolen goods, counterfeit currency, a dangerous dog, fictitious payees, defamation, good faith, found property, threats, cruelty, medical symptoms, insurance and negligence.
Facts showing the existence of any state of mind such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will 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 coin 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 coin is relevant.
The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin 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 a 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 carriage 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 carriage is relevant.
The fact that B was habitually negligent about the carriages 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.
Historical editorial notes in the source referred to amendments made by Act 3 of 1891 and to the former Code of Criminal Procedure, 1898. Those notes are historical and should not be treated as statements of present procedural law.
How courts may apply this rule
In a dispute involving receipt of stolen goods, possession of multiple stolen items in closely related circumstances may bear on knowledge. Earlier complaints about the same defective vehicle may bear on notice of the defect; an unrelated reputation for carelessness does not, by itself, establish negligence in the particular transaction. A statement describing symptoms may help prove a relevant bodily condition, subject to the other admissibility requirements.
The distinction is between specific evidence bearing on the disputed mental or physical condition and broad allegations about a person's general character. Relevance does not mean that the evidence conclusively proves the issue; the court must still assess admissibility, reliability and weight.
Official legislation and further reading
- India Code: official central legislation database (search for the Bharatiya Sakshya Adhiniyam, 2023, Act 47 of 2023, especially Sections 12 and 170).
- Ministry of Home Affairs (commencement notifications and new criminal laws information).
- Indian Evidence Act: section-wise guide.
