Relevancy of Character Evidence**

Character as a Fact in Issue or Relevant Fact

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) addresses the relevancy of character evidence, distinguishing its applicability in civil and criminal cases, and providing specific rules for certain situations.

Character of accused in criminal cases (Section 53 BSA)

• Relevancy: In criminal proceedings, the fact that the person accused of an offence had a good character has relevance. Evidence may be given of good character of the accused.

• Purpose: This evidence is relevant to show that the accused is unlikely to have committed the offence. It can create a doubt in the mind of the court regarding the guilt of the accused.

• Who can provide: Evidence of good character can be given by the accused.

Character to imply preparation (Section 52 BSA)

• Relevancy: In civil cases, evidence of character is generally irrelevant. However, it may be relevant if the character of the party is itself a fact in issue or a relevant fact.

• Explanation: This section means that character is relevant in civil cases only when the character itself is the subject of the dispute, for example, in cases of defamation or breach of promise of marriage, where character is directly in issue.

• Implying Preparation: The phrase "to imply preparation" might be an interpretative aspect rather than a direct rule in the section. Generally, evidence of character that implies preparation for a crime is relevant under Section 5 of BSA (motive, preparation, subsequent conduct).

Character as affecting amount of damages (Section 54 BSA)

• Relevancy: In civil cases, evidence of the character of the party is relevant when the character of the party is a fact in issue. Specifically, it is relevant when the character affects the amount of damages to be awarded.

• Examples:

  • In defamation cases, the character of the plaintiff is relevant to determine the damages. If the plaintiff's character was already poor, the damage to their reputation might be less.

  • In breach of promise of marriage cases, the character of the plaintiff (e.g., chastity) might be relevant to the damages.

• Limitations: The character evidence in civil cases must be directly related to the issue of damages or be a fact in issue itself.

Previous Bad Character is irrelevant, except in certain cases

The BSA sets limitations on the use of previous bad character evidence, generally making it inadmissible.

Previous character not relevant, except so far as it is itself a fact in issue or relevant fact

• General Rule: Section 53 BSA states that in criminal proceedings, evidence of the good character of the accused is relevant. Conversely, the previous bad character of an accused is generally irrelevant.

• Section 53A BSA (likely corresponding to Section 54 CrPC): This section is critical. It states that in criminal proceedings, the fact that the accused has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case evidence of his bad character with reference to such fact is relevant. This means if the accused brings evidence of good character, the prosecution can then bring evidence of bad character to rebut it.

• Exceptions:

  • When character is a fact in issue (e.g., in cases where character itself is directly questioned).

  • When character is relevant under Section 52 (civil cases where character affects damages or is in issue), Section 53 (good character of accused), Section 54 (rebuttal of good character), or Section 55 (character of women in certain criminal cases).

• Purpose: The law aims to prevent trials from turning into character assassinations and focuses on the evidence related to the specific offence committed, rather than the general reputation of the accused.

Evidence of character of women in criminal proceedings for offences under Sections 69 to 74 of Bharatiya Nyaya Sanhita

The BSA makes specific provisions regarding the character evidence of women in certain criminal proceedings, particularly those related to sexual offences.

Section 55 BSA

• Relevancy: In criminal proceedings, evidence of the character of a woman is relevant when it goes to the root of the complaint under certain sections of the Bharatiya Nyaya Sanhita (BNS), such as Sections 69 to 74 (which likely deal with offences against women like rape, sexual assault, etc.).

• Explanation: This section aims to address situations where the character of the victim (woman) might be relevant, for example, to rebut claims of consent or to establish specific aspects of the alleged offence.

• Cautionary Note: The admissibility of such evidence is carefully guarded to prevent its misuse in character assassination of the victim. Courts will scrutinize such evidence to ensure it is genuinely relevant to a fact in issue or a relevant fact, and not merely to prejudice the proceedings.

• Purpose: To ensure that character evidence is used judiciously and does not unfairly prejudice the case, while allowing relevant character evidence where it is essential to the determination of guilt or innocence in sensitive cases.