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CHARACTER WHEN RELEVANT

(SECTIONS 52 – 55)

WHAT IS CHARACTER
 ‘Character’ is a combination of the peculiar qualities impressed by the nature or by habit
of the person which distinguish him from others.
 The evidence of character relates to:
a. Character of witnesses; or
b. Character of parties.
 Character of a witness affects his credit and is always material, as it helps the Court to
come to the conclusion whether his evidence should be treated trustworthy.
 ‘Character’ means what he is in fact and ‘Reputation’ means what other people think he
is.
 Character evidence is a very weak evidence; it cannot outweigh positive evidence in
regard to the guilt of the person.
 A man’s guilt is not established by proof of his character, but by proof of the facts of the
case.
 Section 52 to 55 deal with the provisions under the Evidence Act, when the good or bad
character of the witness may be considered relevant or irrelevant for the purposes of
rendering evidence in a criminal or civil case.

IN CIVIL CASES
SECTION 52 – CHARACTER TO PROVE IMPUTED CONDUCT IRRELEVANT IN CIVIL CASES.

PRINCIPLE
 Evidence of character to impute probability or improbability of conduct is irrelevant in
civil cases.
 The line of distinction lies in the question whether the character of a person is a fact in
issue or not, if the same is found to be a fact in issue, then such character is relevant.
 Thus, as a general rule, both bad and good character, are irrelevant in Civil Cases.

OBJECT
 It is based on the grounds of public policy and fairness.
 To prevent the Court from being prejudiced qua the party/parties to the case on basis of
his bad/good character.
 The evidence of character would lead to unnecessarily prolonging the proceedings.
 The business of the Court is to try the case, not the man.
 A very bad man may have a righteous cause.

EXCEPTIONS
The principle contained under section is subject to the following exceptions:
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1. Character affecting Damages.

The Court is entitled to take into consideration the character of the party to a suit, if it
affects the amount of compensation which should be awarded to him.

2. When Character is in Issue.

Evidence of character of a person can be given when it is itself a fact in issue. For
instances, in a case for seeking divorce on the grounds of cruelty, the cruel character of
the accused-spouse would be relevant fact and may be considered by the Court.

3. When Character appears from other Relevant evidence.

A fact which is otherwise relevant shall not be excluded merely on the ground that it
relates to the character of the person, whether good or bad.
For instance, in case involving defamation suit under civil defamation the good or bad
character of the plaintiff would be otherwise relevant to determine the quantum of
compensation/damage payable to the plaintiff by the defendant.

IN CRIMINAL CASES
SECTION 53 – PREVIOUS GOOD CHARACTER IS RELEVANT IN CRIMINAL CASES.

PRINCIPLE
 Good character under Criminal cases is a relevant fact.
 The principle behind the section is that it is highly improbable that a person who
uniformly pursued an honest and upright course of conduct will depart from it and do an
act so inconsistent with it.
 However, it does not act as an absolute bar on the prosecuting and punishing such person,
as despite of his good character he may be overcome by temptation and fall into
committing the crime.

EVIDENTIARY VALUE OF GOOD CHARACTER IN CRIMINAL CASES.

 Character evidence is a very weak evidence; it cannot outweigh positive evidence in
regard to the guilt of the person.
 The fact that the accused is of a good character is relevant in weighing the probabilities
in a doubtful case, but the same can be dispensed with in cases where the prosecution
case has not been proved.
 In case where the weight of the evidence is balanced on both the sides, then good
character under section 53 may be relevant to discharge the accused.
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SECTION 53-A – EVIDENCE OF CHARACTER OF PREVIOUS SEXUAL

EXPERIENCE NOT RELEVANT IN CERTAIN CASES.
 This section was added by the 2013 Criminal Amendment Act.
 This new section bars the leading of evidence of the character of the victim of her
previous sexual experience with any person on the issue of consent given by the victim.
 It further bars the applicability of section 155 in order to impeach the credibility of such a
witness by asking her questions about her past sexual experience or questions related
thereto.

SECTION 54 – PREVIOUS BAD CHARACTER NOT RELEVANT, EXCEPT IN REPLY.

PRINCIPLE
 S.54 is based on the principle that evidence of bad character is not relevant, until and
unless the accused himself raises the plea of his good character under section 52 to raise
presumption of his innocence.
 Thus, once the accused himself raises such a plea in reply filed, the prosecution may
rebut such plea by proving his bad character, the same being then relevant.

EXPLANATION I – A FACT IN ISSUE

 The section does not apply when the bad character itself a fact in issue.
 Thus, it would be useless to offer evidence of a prisoner’s reputation for honesty on a
charge of cruelty, or of his mind disposition on a charge of theft.
 Bad character would be relevant in proving a case where such character is itself the fact
in issue.

EXPLANATION II – PREVIOUS CONVICTION

 Previous conviction is relevant as evidence of bad character.
 A previous conviction shall be relevant in the following conditions:
 When he is liable to enhanced punishment u/s. 75 of the IPC; or
 On account of previous conviction, or unless evidence of good character be
given.
 A previous conviction may also be relevant u/s. 8 of the Evidence Act, to show motive.

SECTION 55 – CHARACTER AS EFFECTING DAMAGES.

 It only applies to Civil Cases.
 It says that character of a person is relevant when it effects the amount of damages which
he ought to receive.
 When the Court is ought to determine the quantum of damages, evidence of character
would be relevant.
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 Thus, in Civil cases, where the question of amount of damages to be awarded to the
plaintiff arises, that the character of the plaintiff becomes relevant.
 Bad character is admissible in mitigation of damages payable to the plaintiff, provided
the same is pleaded.