PROOF OF PSYCHOLOGICAL

FACTS IN EVIDENCE ACT

STATE OF MIND, BODY OR BODILY FEELING

ARNAV BISHNOI
ROLL NO. 15244
GROUP 27TH
STATE OF MIND OR OF BODY OR, BODILY FEELING

• THE STATE OF A MAN’S MIND IS AS MUCH A FACT AS THE STATE OF HIS DIGESTION. IT IS TRUE
THAT IT IS VERY DIFFICULT TO PROVE WHAT THE STATE OF A MAN’S MIND AT A PARTICULAR
TIME IS; BUT IF IT CAN BE ASCERTAINED IT IS AS MUCH A FACT AS ANYTHING ELSE.
• HABEEB MOHAMMAD V. STATE OF HYDERABAD, AIR 1954 SC 51.

• WHAT ARE PSYCHOLOGICAL FACTS?

• A Fact which can only be perceived mentally, such as the motive by which a person is
actuated.
• Bentham has classified facts into Physical and Psychological
PROOF OF MENTAL & PHYSICAL CONDTIONS
• The state of man’s mind is a question of fact.
• The mental & physical conditions of person maybe either proved by that person directly
speaking, or by the evidence of another person detailing facts from which the given conditions
maybe inferred.
• EXISTENCE OF PARTICULAR STATE OF MIND MAY BE PROVED IN FOLLOWING WAYS

By Evidence of By Evidence of Contemporaneous

Collateral Facts
person concerned Other person Manifestations
ADMISSIBILITY OF EVIDENCE TO PROVE KNOWLEDGE OR
INTENTION OR OTHER STATE OF MIND
• When several offences are so connected that proof of one can be arrived at through
evidence going to prove the others, the evidence is not on that account excluded.

• WHETHER THE STATE OF MIND, GUESS OR INTELLIGENT GUESS OR AN

INFERENCE BE REGARDED AS FACT WITHIN THE MEANING??
• “Fact” has been defined in the evidence act, in S.3 to include any mental condition of
which any person is conscious.
PREVIOUS OR SUBSEQUENT FACTS
• Both previous as well as subsequent facts maybe relevant under this section as showing the
state of mind.
• Subsequent events merely shows the reflections of what a man’s mind may have been
• Previous events are more important as they show the influences which have worked upon
in the man’s mind
• R V. ARMSTRONG
• EVIDENCE OF PREVIOUS & SUBSEQUENT EVENTS
• When the state of mind of a party with reference to a transaction is material all facts from
which it may be inferred, whether previous or subsequent thereto, are in general admissible
either for or against him
• QUEEN- EMPRESS V. JOGENDRA CHUNDER BOSE