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Character When Relevant[1] (S. 52 to 55)

Table of Contents

QUESTION BANK

Explain when a character becomes relevant and irrelevant as per the Indian Evidence Act.
What is meant by character? When can evidence of bad character be given in criminal cases?

SHORT NOTES

Character when relevant.

SYNOPSIS

Introduction: –
Relevancy of Character in Civil Cases (S.52 and 55): –

Exceptions: –

When the character is in issue: –
Affect the amount of damage (S.55): –
When otherwise relevant: –

III. Relevancy of character in Civil Case (Ss.3 & 54): –

I. Introduction: –

According to Webster, ‘Character’ is a combination of peculiar qualities impressed by nature or developed by a person’s habit, which distinguishes him from others.

S.55, in its explanation, provides that ‘Character’ in this topic includes both ‘reputation and disposition’.

‘Reputation’ means what others think of a person and is constituted by public opinion. The word ‘Disposition’ means ‘the witness’s individual opinion of a person’s character’. Under English Law, a character means reputation and not disposition. Similarly, the evidence of ‘reputation’ differs from that of rumour. The evidence as to rumour is not admissible because it is hearsay.

Evidence of character relates either (a) to the character of witnesses or (b) to the character of parties. The witness’s character affects his credit and is always material as it helps the Court to conclude whether his evidence should be treated as trustworthy or not? In this topic, we study the ‘character’ of a party to the suit or in a criminal trial and their relevance.

II. Relevancy of Character in Civil Cases (S.52 and 55): –

S.52 states that, in civil cases, evidence of the character of any party to the suit to prove the probability or improbability of any conduct imputed to him (party to the suit) is irrelevant.

Thus, if a person is charged with a breach of contract, he cannot give evidence of the fact that his character and conduct have been such that he could not have been guilty of breach of contract. Similarly, the opposite party cannot give evidence that his character and reputation are so bad that he must have broken the contract.

Exceptions: –

There are some exceptions to the above rule, viz. –

1) When the character is in issue: –

As far as a character as evidence is concerned, the distinction has to be drawn as to whether the character itself is an issue or is not itself an issue. When the parties’ general character is an issue, whether in a civil or criminal proceeding, it is admissible in evidence. However, when a general character is not an issue but is tendered to support some other issues, it is not admissible in evidence.

For example, in a suit by a Hindu son to set aside an alienation made by his father on the ground that it was for an immoral purpose, the evidence is admissible to show that the father led an immoral life and that the money received as consideration was spent for an immoral purpose.

2) Affect the amount of damage (S.55): –

S.55 provides that it is relevant when the character of any person is to affect the number of damages he ought to receive in suits for damages.

It further provides that evidence may be given only of the party’s general character and not particular acts.

3) When otherwise relevant: –

Evidence can always be given of facts that are not relevant to this topic but are relevant according to any of the sections relating to Ss.6 to 55.

III. Relevancy of character in criminal proceedings (Ss. 3 and 54): –

In criminal proceedings, the fact that the person accused is of a good character is relevant (S.53). But the evidence as to the bad character of the accused is irrelevant under S.54. However, this has two exceptions-

When an accused’s bad character is itself a fact in issue. E.g. in a rape case character of the prosecutrix is always relevant. [Explanation 1 to S.54]
A previous conviction is relevant as evidence of bad character. [Explanation 2 to S.54]

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