Delhi APO 2005

Which of the following pieces of evidence is not relevant under the Indian Evidence Act? (A) A is accused of fraudulently delivering to another person a counterfeit coin which he knew to be counterfeit. Evidence is given that he was also in possession of other counterfeit coins. (B) A sues B for damage done by B's dog which he knew to be ferocious. Evidence is given that the dog and previously bitten X, Y and Z and that they had made complaints to B. (C) A is charged with shooting at B with intent to kill him. Evidence is given that A had previously shot at B (D) A is tried for the murder of B by intentioally shooting him dead. Evidence is given that A was in the habit of shooting at people with intent to murder them.

Verified Answer
A. A is accused of fraudulently delivering to another person a counterfeit coin which he knew to be counterfeit. Evidence is given that he was also in possession of other counterfeit coins.
B. A sues B for damage done by B's dog which he knew to be ferocious. Evidence is given that the dog and previously bitten X, Y and Z and that they had made complaints to B.
C. A is charged with shooting at B with intent to kill him. Evidence is given that A had previously shot at B
D. A is tried for the murder of B by intentioally shooting him dead. Evidence is given that A was in the habit of shooting at people with intent to murder them.

Explanation:

While specific similar acts can be relevant to prove intention, knowledge, or system (Sections 14 and 15), evidence of a general 'habit' or 'propensity' to commit crimes is generally inadmissible in criminal proceedings to prove that the accused committed the act in question. This falls under the prohibition against using bad character evidence to prove guilt, as per Section 54 of the Indian Evidence Act. The other options describe specific instances relevant to prove knowledge, intent, or system.