What is character? What is the law relating to relevancy of character?

A character of a human being is a personal quality. It is related to prestige nature. Section 52 to 55 of the Indian Evidence Act 1872 provides for the relevancy of evidence related to character.

What is character? What is the law relating to relevancy of character?

A character of a human being is a personal quality. It is related to prestige nature. Section 52 to 55 of the Indian Evidence Act 1872 provides for the relevancy of evidence related to character. 

Section 52 In civil cases character to prove conduct imputed, irrelevant 

A party cannot give evidence of his good character for the purpose of showing that it is impossible that he should be guilty of the conduct imputed to him. 
Exception
1 Character as affecting damages 
2 When the character is in issue
3 When character appears from other relevant evidence

In Criminal cases – Evidence of good character relevant

Example – Salman Khan case
 
Salman Khan is alleged of rash and negligent driving. Salman Cannot give evidence of the fact that his character and conduct has been such that he could not have been guilty of negligence. 
Section 53 In Criminal cases previous good character relevant 
In Criminal cases, the fact that the person accused is of a good Character is relevant. 
Example – In a matter of bribery when the accused pleads for his good character and presents evidence of good character, then the court shall be bound to consider that the prosecution proved the case beyond reasonable doubts. 

Section 53A Evidence of the character of previous sexual experience not relevant in certain cases -
The section declares irrelevant the evidence of the character of the victim of a rape or her previous sexual experience with any person. 

Section 54 Previous bad character not relevant, except in reply - 
This section does not apply to cases in which the bad character of any person is itself a fact in issue.
A previous conviction is relevant as evidence of bad character. 
When prosecution can give evidence of bad character 
The prosecution cannot lead evidence of the bad character of the accused as part of its original case. They can produce evidence of bad character only in reply to the accused showing his good character.

Exception 
While the prosecution has no right to introduce the evidence of the bad character of the accused, if the accused himself has made an issue about his character by giving evidence that he is a man of good character
The ban imposed by section 54 upon the relevancy of the bad character of the accused is not applicable where his character is itself a fact in issue. 
Evidence can always be given of facts which are relevant under any of the provisions relating to relevancy given in section 6 to 55 even if such facts incidentally involve or reveal the character of the accused or of the prosecutor. 
Rape cases – In Prosecution for rape, the unchastity of the victim has been held to be not a determinative factor. 

Section 55 Character as affecting damages - 
Meaning of character - 
The explanation to section 55 gives the meaning of the expression character for the purpose of all the sections related to the relevancy of character and the type of facts which can be used to prove bad character. 
To prove good or bad character evidence can be given both of reputation and disposition. It can be given of previous convictions and proof of bad character and it cannot be given of particular facts but only of general reputation and general disposition. Evidence of a person’s good or bad character can be given only by those who know him and have had dealings with him for his character where others who know him and are in a position to judge his worth. 

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