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 relevant fact.] [Substituted by Act 3 of 1891, Section 1, for the original Explanation.]
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.
(c) A sues B for damage done by a dog of B's, which B knew to be ferocious.
(d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious.
(e) A is accused of defaming B by publishing an imputation intended 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.
(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.
(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.
(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.
(l) The question is, whether A's death was caused by poison.
(m) The question is, what was the state of A' health at the time when an assurance on his life was effected.
(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured.
(o) A is tried for the murder of B by intentionally shooting him dead.
(p) A is tried for a crime.