Character when relevant :A comprehensive examination under Indian Evidence Act 1872

Character when relevant :A comprehensive examination under Indian Evidence Act 1872

Author:- Rahul.Trivedi ,a student of Ambedkar Law college (Wadala,Mumbai)

Email id:- rahultrivedi10000@gmail.com

Introduction :

According to Webster, "Character is a combination of the peculiar qualities  impressed by nature or by gambit of the person or by habit of the person , which distinguishes him from others." 

In the intricate realm of law ,character evidence assumes a critical role in ascertaining the credibility and moral disposition of individuals involved in legal proceedings.  Governed by the sections 52-55  of The Indian Evidence Act 1872, character evidences are subject to specific rules and principles to ensure that justice is served fairly and impartially. This article explores these sections, it's  application and will explain what is relevant and irrelevant. 

Character when Relevant :

In civil cases , a party's character cannot be proved for the purpose of showing that any conduct attributed to him is probable or improbable. (S.52)

In criminal proceedings, the fact that the accused is of a good character is relevant. (S.53)

A previous conviction is relevant as evidence of bad character. (S. 54)

Evidence of the accused 's bad character is relevant ;

(a ) to rebut evidence of good character  or 

(b) where his vad character is itself a fact in issue. (S.54) 

A party's character is relevant whenever it affects the amount of damages which he ought to receive. (S.55)

Character when Irrelevant : 

The fact that the Character of any person concerned is such as to render probable or improbable any conduct imputed to him is Irrelevant. (S.52) 

In criminal proceedings,  thd bad Character of the accused is Irrelevant, except -

(a) in reply to evidence given to his good character, or 

(b) where the bad character itself is a fact in issue.(S.54)

The word "character" includes both reputation and disposition; but (except as provided in S.54, above) , evidence can be  may be given only of general reputation and general disposition,  and not of  particular acts by which reputation or disposition were show (S.55) 

Relevancy of Character in Cases of Sexual Offences :

Under S.53-A of the Act (as amended by the Criminal Law (Amendment) Act, 2018) , in cases of prosecution for offenses under Ss. 354,354A,354,B,354,C,354,D,376,376A,376AB ,376B,376C,376D,376DA,376DB,or 376E of the Indian Penal Code (dealing with sexual offences) or for an attempt to commit and such offence, where the question of consent us 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.

Illustration :

1. ‘A’, a businessman is charged with fraud. In this case, no evidence of the fact can be treated as relevant which states that he is an honest man i.e. the character is such that he can never commit fraud.Neither can the opposite party present evidence of the fact that A’s character had been so trickery that he must have committed the fraud.

The reasons behind the irrelevance are that a case has to be decided based on the facts of the case and not the character of the parties. Evidence of conduct doesn’t just delay the proceedings but also hampers and impairs the mind of the judge. In civil cases, previous convictions of the accused person are irrelevant.

2. Evidentily should relate to Specific Traits  -  A person is charged for cruelty,  evidence of his honesty would be of no value. However , if he is charged for theft,  his reputation for honesty would be relevant. 

Case Laws :

Bharpur Singh v Parshotam Das ; This lawsuit was brought to defend against a recovery action based on a promissory note. The Court noted that this part pertains to a scenario where character evidence is pertinent in a civil matter when determining the applicability of Section 52. In civil trials, character evidence is typically immaterial and cannot establish the likelihood or improbability of any activity. Evidence of character is pertinent only if the character of a fact is at issue.

In the case of B. Vasanthi v. Bakthavatchalu , the court took into account evidence on the characters of both the plaintiff and the defendant to determine the custody of the children in their best interests as they were the fact in issue.

Sardar Sardul Singh Caveeshar v. State Of Maharashtra ,

This case is also referred to as the Empire Conspiracy Case. The Court answered the question of what is the evidentiary value of the character of an accused in a criminal case. It observed that Section 53 mentions that the good character of the accused is relevant in cases of criminal nature.

Conclusion :

In summary, Sections 52 to 55 of the Indian Evidence Act 1872 constitute the bedrock of character evidence in Indian jurisprudence. These sections establish the conditions under which character evidence is relevant, admissible, and how it may be challenged or supported during legal proceedings. By adhering to these legal provisions and their underlying principles, courts can strike a balance between allowing character evidence when it is truly relevant and preventing its misuse to ensure a fair and just legal process. In the complex tapestry of the Indian legal system, these sections guide the nuanced admission and examination of character evidence, safeguarding the principles of fairness and justice .

Reference :

• The Indian Evidence Act 1872 Bare Act;

• N.H Jhabwala The Indian Evidence Act 2023

• blog.ipleaders.in

• http://www.legalservices.com

• indiakanoon.org