State of Mind | State of Body | State of Bodily Feeling |

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State of Mind, State of Body, State of Bodily Feeling
Ingredients
1. Existence of State of Mind
i. Intention
ii. Knowledge
iii. Good Faith
iv. Negligence
v. Rashness
vi. Ill-Will
vii. Good Will
2. Existence of State of Body
3. Existence of State of Bodily Feeling
4. Evidence of Specific Facts not General (Explanation 1)
5. Evidence of Previous Conviction (Explanation 2)
This article applies when the existence of any such state of mind or body or bodily feeling is in issue or relevant.
Existence of State of Mind
When in a case, the existence of state of mind is in issue or relevant, then, its presence or absence could be proved as relevant fact.
State of mind means what’s a person thinks, it’s a person’s secret. It is very difficult to prove the state of one’s mind. This Article does not laydown any principle to prove or disprove the state of mind, its just declared that, if state of mind is inquestion, then, its existence may be proved.
In most of the criminal cases and civil wrongs (Tort), the liability may be impose by showing the certain state of mind i.e. Intention, Malafide, Negligence.
Intention
The mental objective behind an action.
A is accused of Murder B.
A stated that, it was done by an accident. He was throwing the Brick from Roof to ground, B suddenly came down. An eye witness gave testimony that, A was not throwing the Bricks, he was waiting for the B to come out from home. A deliberately thrown the Brick upon B. It proves the Intention to commit Murder.
Knowledge
Knowledge means, you have understanding, acquaintance of something
A is charged with selling of stolen property. (PPC Section)
The Question is whether A had the Knowledge that he is selling the stolen property, the Knowledge may be proved by showing that, he was selling the Article Throw-away price, he was hiding the articles, he was in possession of other stolen articles.
Good Faith
Honest and fair dealing or belief. It is also known as Bonafide.
A is accused of dishonest misappropriation; it may be shown that, he announced and advertised the property to reach the real owner.
Negligence
Failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.
A is accused of negligent driving. It may be shown that, the speed of car was above the prescribed speed limit.
Rashness
Acting without carefully even considering the consequences.
If a person foresees that an outcome is the probable consequence of his act, but does not desire it, and carries out the act regardless, in the hope that the foreseen consequence will not happen.
A is accused of Rash Driving under Section of PPC
It may be proved that his licence was five times punched previously.
Ill-Will
Unfriendly or hostile feelings that you have towards someone
A is accused of Murder B.
A’s Ill-will may be shown by proving that, B got married to C few days ago and A was in sincere relationship with C.
Good Will
Goodwill refers to the good reputation.
A is charged with destroying the Good will of Brand Company.
It may be shown that, A had published fake and defamatory remarks about the company.
Existence of State of Body
State of Body means the health and firmity of the body.
A (the Doctor) is accused of murder B due to negligent care in while operation.
A may prove the state of body by producing the poor medical reports of B.
Existence of Bodily Feeling
A (Cook) is charged with the Murder of B (Lord).
B found dead by unknown reasons in his home, a letter found in which B stated that, he is feeling swear pain in stomach and may be administered poison.
This bodily feeling was only known to B, therefore, his letter is relevant in case.
Evidence of Specific Facts not General (Explanation-1)
This explanation particularly deals with the State of Mind. The evidence to prove state of mind should be given specifically not in general.
Example: A is charged with shooting the B. Evidence may be given that, he deliberately shooted the B, not as general A often shoots the people.
Evidence of Previous Conviction (Explanation-2)
This explanation made previous commission of an offence and previous conviction in an offence as relevant fact.