The concept of “relevancy of character” under the Indian Evidence Act, 1872 pertains to the admissibility of evidence related to a person’s character in legal proceedings. Character evidence can be relevant in certain situations, but it is subject to specific rules and limitations in Indian law. The Indian Evidence Act governs the admissibility of evidence in Indian courts.
Features
- Character as a Fact in Issue: In some cases, a person’s character may be a fact in issue, meaning it is directly relevant to the case. For example, in a defamation case, the character of the person making the statement or the person being defamed may be a key issue.
- Character as Evidence of Conduct: Character evidence can be admitted to show the conduct of the accused in criminal cases or the conduct of parties in civil cases. For example, evidence of a person’s previous dishonesty might be admissible to prove a charge of theft.
- Good Character as Defense: In criminal cases, the accused is allowed to adduce evidence of their own good character. This can be done to establish that the accused is less likely to have committed the crime in question based on their previous conduct.
- Bad Character as Impeachment: In certain situations, a party may introduce evidence of the bad character of a witness to impeach their credibility. This is often done to show that the witness is unreliable or untruthful.
- Character Evidence in Rape Cases: The Indian Evidence Act also contains specific provisions related to character evidence in rape cases. In such cases, the character of the victim or the accused is generally not relevant, except in certain circumstances.
- Admissibility of Specific Instances: Generally, under the Act, evidence of specific instances of a person’s conduct is not admissible to prove their character. Character must be proved by general reputation or by evidence of opinion.
It’s important to note that character evidence is subject to several restrictions and conditions under the Indian Evidence Act. Admissibility depends on the specific facts and circumstances of the case. The court has discretion in determining whether character evidence is relevant and whether it should be admitted.
Sections 52 to 55 of the Indian Evidence Act, 1872
Section 52 – Inquiries as to character:
Section 52 allows a witness to be questioned about the general reputation of the accused, as well as his or her own character. This provision primarily relates to the credibility of the witness. In essence, it allows for the examination of the witness’s character and the general reputation of the accused.
Section 53 – Questions tending to corroborate evidence of relevant fact, admissible:
Section 53 allows for the examination of a witness about the facts in issue or relevant facts with the intent to corroborate the evidence of the accused. This is significant in criminal cases, where it can help establish the accused’s innocence by presenting evidence that supports their version of events.
Section 53A
Section 53A of the Indian Evidence Act was inserted by Act 13 of 2013. This section provides that in cases where the offence is committed under the following sections of Indian Penal Code –
- Section 354 (Assault or criminal force to woman with intent to outrage her modesty),
- Section 354A (Sexual harassment and punishment for sexual harassment),
- Section 354B (Assault or use of criminal force to woman with intent to disrobe),
- Section 354C (Voyeurism),
- Section 354D (Stalking),
- Section 376 (Rape),
- Section 376A (Intercourse by a man with his wife during separation),
- Section 376B (Intercourse by public servant with woman in his custody),
- Section 376C (Intercourse by superintendent of jail, remand home, etc.),
- Section 376D (Gang Rape),
- Section 376E Punishment for repeat offenders) and,
- an attempt to commit such offences 511
and the consent or quality of consent is in question, then neither the character of the accused nor the victim is relevant. Evidence pertaining to previous sexual acts of the victim is also irrelevant.
Section 54 – Previous good character relevant:
Section 54 states that in a criminal trial, the fact that the accused person has a good character is relevant. This means that evidence of the accused’s good character can be presented in court to demonstrate that they are less likely to have committed the alleged crime.
Section 55 – Character as affecting damages:
Section 55 deals with character as it relates to the assessment of damages in civil cases. It states that in civil cases, the fact that the plaintiff has a bad character can be taken into consideration when determining the amount of damages to be awarded. For example, a person with a bad character may receive lower damages in a defamation case because their reputation was already tarnished.
When Character admissible in civil cases according to section 52 & 55
In civil cases, character evidence is generally not commonly admissible under Section 52 and Section 55 of the Indian Evidence Act, 1872. Let’s break down the relevance of these sections in civil cases:
- Section 52 – Inquiries as to character: This section allows a witness to be questioned about the general reputation of the accused or the witness’s character. While it is more commonly used in criminal cases, it can be used in civil cases to assess the credibility of a witness. However, character evidence under this section is typically limited to issues of witness credibility and not the character of the parties involved in the civil dispute.
- Section 55 – Character as affecting damages: This section deals with character as it relates to the assessment of damages in civil cases. It states that in civil cases, the fact that the plaintiff has a bad character can be taken into consideration when determining the amount of damages to be awarded. For example, a person with a bad character may receive lower damages in a defamation case because their reputation was already tarnished.
So, in civil cases, while character evidence related to the reputation and credibility of a witness may be admissible under Section 52, character evidence about the parties themselves is generally not admissible. However, character can be considered when assessing damages under Section 55, as it relates to the impact of character on the damages awarded in specific situations.
Relevancy of character in criminal cases
Sections 53 and 54 of the Indian Evidence Act, 1872 deal with the relevancy of character evidence in criminal cases. Let’s discuss the relevancy of character evidence in criminal cases according to these sections:
Section 53 – Questions tending to corroborate evidence of relevant fact:
- In criminal cases, Section 53 allows for the examination of a witness about the facts in issue or relevant facts with the intent to corroborate the evidence of the accused. This means that a witness can be questioned to support or strengthen the evidence presented by the accused.
- This section is relevant when there is a need to corroborate the version of events presented by the accused or to support their defense. It is especially useful when the accused claims that they have a particular character and reputation.
Section 54 – Previous good character relevant
- In criminal cases, Section 54 states that the fact that the accused person has a good character is relevant. This means that evidence of the accused’s good character can be presented in court.
- The purpose of this section is to allow the accused to introduce evidence of their good character to show that they are less likely to have committed the alleged crime. This is often used as a defense strategy to establish the accused’s credibility.
In summary, in criminal cases, character evidence can be relevant under Section 53 and Section 54 of the Indian Evidence Act in the following ways:
- Section 53 allows for the examination of witnesses to corroborate the accused’s evidence.
- Section 54 permits the introduction of evidence regarding the good character of the accused to bolster their credibility and defence.
- character evidence in criminal cases in India is primarily governed by Sections 53 and 54 of the Indian Evidence Act, 1872. While Section 53 allows for the examination of witnesses to corroborate the evidence of the accused, Section 54 specifically pertains to the relevance of good character. Evidence of good character can be introduced to support the credibility and defense of the accused.
Case Laws on Relevancy of Character
Raj Kumar vs. State of Haryana (2011)
- In this case, the Supreme Court of India held that evidence of good character can be considered a relevant factor in determining the credibility of the accused’s statement, especially in cases where the prosecution’s evidence is weak.
State of Punjab vs. Jagir Singh (2011)
- The Supreme Court ruled that while previous convictions may not be admissible to prove guilt, they can be admitted as evidence to impeach the credibility of a witness.
Nar Singh vs. State of Haryana (2009)
- This case highlighted that in cases of self-defence, the character of the accused and the alleged conduct of the deceased person can be relevant to assess the reasonableness of the apprehension of danger.
Conclusion
Regarding evidence of bad character in criminal cases, there is no direct provision in the Indian Evidence Act addressing its admissibility or relevance. However, evidence of bad character may be introduced under specific circumstances, such as when it is relevant to the facts of the case, demonstrates a pattern of behaviour, or is used for the impeachment of a witness’s credibility. The admissibility of evidence related to bad character is subject to rules and limitations and is often determined by the specific facts and context of the case.
