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Character When Relevant - 52 To 55

Character evidence refers to evidence of a person's reputation or disposition. As a general rule, character evidence is not admissible in civil or criminal cases. However, there are some exceptions. In civil cases, character evidence may be relevant if character is itself at issue or if it affects the damages awarded. In criminal cases, evidence of an accused's good character is always relevant, while evidence of bad character is only admissible in reply to evidence of good character.

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212 views11 pages

Character When Relevant - 52 To 55

Character evidence refers to evidence of a person's reputation or disposition. As a general rule, character evidence is not admissible in civil or criminal cases. However, there are some exceptions. In civil cases, character evidence may be relevant if character is itself at issue or if it affects the damages awarded. In criminal cases, evidence of an accused's good character is always relevant, while evidence of bad character is only admissible in reply to evidence of good character.

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Kaavya Gopal
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© © All Rights Reserved
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CHARACTER WHEN RELEVANT [SECTION 52-55]

 Character when relevant


 It is a general principle of law that evidence of character is not admissible as a
relevant fact. This rule provides a protection to the accused. However, there
are some exceptions to this general rule and in the following cases, the
evidence of character may be admitted:

 (A) Relevancy of character in civil cases, (sections 52 & 55).


 (B) Relevancy of character in criminal cases, (sections 53 & 54).
CHARACTER WHEN RELEVANT [SECTION 52-55]

 Character means the combination of qualities which made a particular person


different from others. character includes both reputation as well as
Disposition'.

 REPUTATION: Opinion held about someone. Reputation is the Credit of a


person in the estimation of others.

 DISPOSITION: Particular behaviour, tendency or nature of a person.

 Section 52 and 55 deal with relevancy of the character of the parties in civil
proceedings. Section 53 and 54 deals with relevancy of the character of the
accused in Criminal Proceedings.
CHARACTER WHEN RELEVANT
 52. In civil cases character to prove conduct imputed, irrelevant. –– In civil
cases, the fact that the character of any person concerned is such as to render
probable or improbable any conduct imputed to him, is irrelevant, except in so
far as such character appears from facts otherwise relevant.

 The general rule in civil cases character evidence is irrelevant unless such
character evidence is itself in issue. The reason is person's good character or
bad character will not help the Court to decide the disputed matter. Only when
character itself is in issue than character evidence is admissible. Character
evidence become relevant if it affects the amount of damages which he ought
to receive Sec. 55 I.E.A.
CHARACTER WHEN RELEVANT

 55. Character as affecting damages. ––In civil cases, the fact that the
character of any person is such as to affect the amount of damages which he
ought to receive, is relevant.

 Explanation. ––In sections 52, 53, 54 and 55, the word “character” includes
both reputation and disposition; but, [except as provided in section 54],
evidence may be given only of general reputation and general disposition, and
not of particular acts by which reputation or disposition were shown
CHARACTER WHEN RELEVANT
 According to Section 55 of I.E.A. Plaintiff's character is relevant if it affects the
amount of compensation which should be awarded to him. It means if
character evidence is admitted it would mitigate damages in such cases only it
is admissible.
 Example: 1. When a defamation suit is filed for claiming damages, the Court
will award the damages after hearing the evidence of his reputation. Defendant
can give the evidence of plaintiff's bad character which affect or mitigate the
award of damages.
 2. When a suit is filed for dissolution of marriage on cruelty ground, the fact in
issue is cruel character of the defendant, the plaintiff can lead evidence of it.
 The general rule is evidence of character is not relevant in every suit for
damages, the character of evidence is relevant only when it affect the amount
damages to be awarded. In suits of damages where the character of the
plaintiff has no affect on the amount of damages, it is not relevant.
CHARACTER WHEN RELEVANT

 53. In criminal cases previous good character relevant. –– In criminal


proceedings, the fact that the person accused is of a good character, is
relevant.

 Normally, we presume that a person of good character and reputation will not
generally respond to any criminal act. Thus, goodness is proved, leads to
presumption against the commission of a crime.
CHARACTER WHEN RELEVANT

CHARACTER EVIDENCE IN CRIMINAL CASES Ss. 53 & 54


 The general principle is that the evidence of accused person's good character
is relevant but evidence of bad character is not relevant. According to Sec. 53
the accused person is at liberty to give evidence of his good character in
disposal of his guilt.
 It means in Criminal proceedings evidence of good character is always
relevant to disprove the allegation against him and proof of previous bad
character is prohibited.
 The reasons is that prosecution must prove the guilt with the necessary
evidence in support of the charge, it cannot take help of bad character of the
accused in order to establish its case.
 Other reason is that such evidence may prejudice the mind of the Court and
the Court may bias against the accused person therefore, it is irrelevant.
CHARACTER WHEN RELEVANT

 53A. Evidence of character or previous sexual experience not relevant in


certain cases. –– In a prosecution for an offence under section 354, section
354A, section 354B, section 354C, section 354D, section 376, section 376A,
section 376B, section 376C, section 376D or section 376E of the Indian Penal
Code (45 of 1860) or for attempt to commit any such offence, where the
question of consent is in issue, evidence of the character of the victim or of
such person’s previous sexual experience with any person shall not be
relevant on the issue of such consent or the quality of consent.]
CHARACTER WHEN RELEVANT
 [54. Previous bad character not relevant, except in reply. –– In criminal
proceedings, the fact that the accused person has a bad character, is
irrelevant, unless evidence has been given that he has a good character, in
which case it becomes relevant.
 Explanation 1. ––This section does not apply to cases in which the bad
character of any person is itself a fact in issue.
 Explanation 2. ––A previous conviction is relevant as evidence of bad
character.
 According to section 54, evidence may not be received regarding the badness
of party's character in criminal proceedings, unless evidence has been given
that he has a good character in which case it becomes relevant. In other
words, the prosecution cannot lead evidence of the bad character of accused
as a part of his original case. They can produce evidence of bad character only
in reply to the accused showing his good character.
CHARACTER WHEN RELEVANT

 The general principle is that evidence of bad character of the accused is


irrelevant except in below mentioned three Circumstances;

 1. When accused produced the evidence of his good character, the


prosecution entitled to give evidence of his bad character to disprove his
argument.

 2. Where accused person's character itself in issue. Example evidence against


a robber to show his previous involvement.

 3. Where the previous conviction is relevant as evidence of bad character to


enhance the punishment.
CHARACTER WHEN RELEVANT

IMPORTANT POINTS
1. In civil cases character evidence is relevant when such evidence itself is in
issue;
2. Character evidence if effect damages claimed, it becomes relevant;
3. In criminal cases previous good character is relevant
4. Previous bad character is not relevant except in reply.

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