Which one of the following statements with regard to Section 12 of the Bharatiya Sakshya Adhiniyam,…
The incorrect proposition is that the state of mind must be shown to exist generally. Section 12 requires a connection to the particular matter being examined: an earlier…
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Which one of the following statements with regard to Section 12 of the Bharatiya Sakshya Adhiniyam, 2023 is NOT correct ?
Answer and explanation
Correct answer A
The incorrect proposition is that the state of mind must be shown to exist generally. Section 12 requires a connection to the particular matter being examined: an earlier attempt to shoot the same victim can illuminate the accused's intention in the charged incident, whereas a general disposition to commit crimes does not establish that intention. A previous conviction is also relevant where the previous offence itself is relevant under this section; the provision does not make every past conviction automatically admissible.
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