ANSWER

SCOPE: The Indian Evidence Act, 1872 is divided into three Parts.
Part-I, containing Sections 1 to
55. explains about "Relevancy of Facts". There are two
first four Sections, explains about the
Chapters in Part-I. Chapter-I, containing the
contains the
Preliminary matters. Chapter-l, containing
Sections 5 to 55,
provisions explaining "the Relevancyof Facts". These fifty one sections are
again
arranged subject-wise giving sub-titles. Sections 52 to 55 of Chapter-ll, under the sub-title "Character
when relevant", contain the
provisions prescribing when the character becomes relevant.
Evidentiary value of Character: The general
principle of law that evidence of character is not
admissible as a relevant fact. It is very weak evidence. It is the
principle of natural justice that every
case must be decided on its own facts and merits. The
object of the Court of Justice is to try case, but
not man.
In the American case Thompson vs. Church, the Judges of the Supreme Court of America opined-
"The general character is not in issue. The business of the Court is to
try the case not the
man. A very bad man may have a righteous cause."
While drafting the Indian Evidence Act, 1872, the framers adopted the above
proposition and incorporatec
the necessary provisions in the Act for the parties and their witnesses. These
provisions may be
divided in two parts:---
(i)
() Evidence about the character of the parties to the proceedings; and

(i) Evidence about the character of the witnesses.

 The Indian Evidence Act, 1872
137
Parties: Sections 52 to 55 of the Indian Evidence Act explain about the provisions about the "Character
when relevant". Though there is no mention for the application of these Sections, the framing of the
words in Sections, and the place of these Sections in the Act are evident that these Sections are
ntended for the parties to the suit. Sections 52 and 55 deal with the character of the parties in civil
cases. and Sections 53 and 54 deal with the character of parties in criminal cases.

Witnesses: In
Chapter-X, Sections 135 to 166, of Part-lll, Evidence Act, contains several
provisions
explaining and giving privileges and protection to the witnesses. The provisions in these
permit the advocates or any other person to impeach the credit of a witness, but not Sections
adversely on the character of the witnesses, Several restrictions are to areet
advocates during the examination, cross-examination and prescribed to be followed by tne
re-examination of witnesses.
However there is no fast and straight rule of division of
Sections between the parties and wtnesses. A
party may become a witness, and a witness may become a party, as the circumstances of the case.
Thus Sections meant ftor witnesses
may also apply to the parties, and the
parties may also apply to the witnesses. provisions meant tor tne
MEANING:

Character. =
The collective
qualities or characteristics especially mental and moral, that
a person or thing. distinguish
DEFINITION:
Webster: "Character is a combination of the
peculiar qualities impressed by nature or by habit of the
person, which distinguish him from others."
The Explanation to Section 55 of the Indian Evidence Act, 1872 explains "Character"
Explanation to Section 55:In Sections 52, 53, 54 and 55 the word "Character"
as
follows
disposition; but except as provided in includes both reputation and
Section 54, evidence may be
disposition, and not of particular acts given only of general reputation and general
by which reputation or disposition were shown.
Thus: Character =reputation+ disposition.
Reputation: What is
generally said or believed about a person's or thing's character.
Woodroffie defines 'Reputation': "Reputation means what is
constituted by public opinion. It is the general credit which a manthought of a person by others and is
has obtained in that
opinion."
Disposition: A natural tendency, an inclination; a person's temperament.
The word "Disposition" is used to
give the meaning a tendency to act, think or feel in a
way. Character certificate given by the employer or character particular
certificates given by the Heads of the
Educational Institutions are the good examples of
Disposition". "Disposition"
permanent, settled and respects the whole frame comprehends
and motives of action. It is or springs
and texture of the mind.
The Distinction between
REPUTATION and DISPOSITION
REPUTATION
DISPOSITION
1 Reputation means the general credit of the person
among the public. Disposition means the inherent qualities of a
person.
2 Reputation is what other people think about him 2.
Disposition is what he is in
reality.
General reputation is a sort of common adjective 3
to all. Disposition of a man may
depend upon many traits,
some good and some bad.
4. A man may be
reputed to be a good man. 4. But in reality he may have a bad disposition.
***
SECTION 52
Sec. 52. fn civil cases character to
prove conduct imputed,
of any person
concerned is such as to render probable or irrelevant: In civil cases, the fact that the character
improbable any conduct imputed to him, is
except in so far as such character appears from facts otherwise
relevant. irrelevant,
IMPORTANT POINTS:
A. In civil cases, evidence of
character is generally irrelevant, unless the character is
issue. in
B. In Guntaka Hussenaiah, Plaintiff Appellant vs. Busetti
-

AIR 1954 AP 39) case, the Andhra Pradesh Yerraiah, Defendant Respondent -

Eevancy of character evidence High Court observed that Section 52 deals with the
in civil cases. The character of
O
tne a party to a civil suit cannot be relevant
decision of an issue arising in that suit. But this
Section has no bearing on a case where the
 138 Act. 1872
The Indlan Evicdonce
O r a witness is in question This is governed by Section 146, under which a witness
can
Cross-examined to shake his credit by injuring his character. Character evidence may not be reli.
to decide an issue in a case but cross-examining counsel is given liberty under this Section f
purpose of shaking the credit of a witness to put questions to him affecting his character. Section.
and 155 deal with different matters. Section 52 prohibits character evidence in regard to the suh
matter of the suit whereas ction 155 prescribes the manner of impeaching the credit of a witne
Section 155 cannot, therefo be construed as an exception to Section 52. Further, sections 155
146 are not in conflic with each other. Sections 138, 140, 145, 148 and 154, provide tor impeachi
the credit of a witness by
cross-examination
C. In Abdul Shakur and others vs. otwaleshwar Prasad and others (AIR 1958 Ail 54)) case, the
h
Allahabad High Court held that where the contention that certain pronotes had been obtained t
Wne he was under the influence of drink, has been found to be baselesS, ETe general ba
from the
character of the insolvent would be quiteirelevantin a civil case to prove want of consideration.
D. Wigmore explained: "In certain cases the evidence of character may be relevant Ofr assessmen
Or damages, in such cases such evidence is admissible. In such a case evidentlaryuse s made of
character t merely plays a part in the legal issues of the case, and the nature of the imgauon must be
looked to in determining whether character is so invoivea.
Sec. 53. In criminal cases, previous good character relevant In criminal proceedings, the tact that the person
accused is of a good character, is relevant.
IMPORTANT POINTS:
A.value of good character in criminal cases: Good character in criminal cases is a weak evidence
owever, in certain cases, good character may become favourable evidence in favour of an accused
n doubtful cases and where the prosecution fails to prove the guilt of the accused beyond the reasonable
doubts.
InBhagwan Swarup Lal Bishan Lal vs. State of Maharashtra (AIR 1965 SC 682) case, the Supreme
Courtobservedthat the evidence of general reputation and general disposition is relevant in a criminal
proceeding. Under the Indian Evidence Act, unlike in England, evidence can be given both of general
character and general disposition. Disposition means the inherent qualities of a person, reputaticn
means thegeneralcredit of the person amongst the public. There is a real distinction between reputation
and disposition. A man may be reputed to be a good man, but in reality he may have a bad disposition
The value of evidence as
regards disposition of a person depends not only upon the witness' perspicacity
but also on their opportunities to observe a
person as well as the person's cleverness to hide his real
traits. But a disposition of a man may be made up of
many traits, some and some bad, and only
evidence in regard to a particular trait with which the wintess is familiar good
would be of some use. But in
any case, the character evidence is a very weak evidence; it cannot
evidence in regard to the guilt of a person. It may be useful in outweigh the positive
favour of the accused or
doubtful cases to tilt the balance in
it also afford
may
situation. It must give place to acceptable
a
background for appreciating his reactions in a given
positive evidence.
B. Good character
well as his ieal
presumably includes good reputation which a man may bear in his own circle as
disposition as distinct from what his friends and neighbours
may think of him.
C. In Habeeb Mohammad State
vs. of Hyderabad (AIR 1954 SC 51) case, the Supreme Court held
that in criminal proceedings a
and in judging his innocence or
man's character is often a matter of
importance in explaining his conduct
criminality. Many acts of an accused
free from all suspicious when the
character of the person whom person would be suspicious or
by
the question punishment, an accused is allowed to prove general they are done is known. Even on
of
good character.
Sec.54. Previous bad character not relevant, except in reply:.- In criminal
person has a bad character is irrelevant, unless proceedings
evidence has been given that he has
the fact that the accused
case it becomes relevant. a good
character, in which
Explanation-1: This Section does not apply to cases in which the
bad
issue. character of any person is itself a fact in
Explanation-2: A previous
conviction is relevant as evidence of bad character.
IMPORTANT POINTS:
A. INGREDIENTS:
a) Previous bad character is not relevant.
b) Previous bad character is relevant in
character. reply, if the evidence has been given that he has a good
 The Indian Evidence Act, 1872
c )Wwhen the
bad character -
of any
person is itself fact bad
d A previous conviction is
a
in
relevant fact as evidence of bad
issue, previous haracter becomes 139
nes relevant
T
B. object of the
The character.
offences. Hence the d Criminology and
ays an unt must be cautiousPenology is to protec
important role.
tect the society from the
repetition
about the habitual offenders Thus the characier of the
lected. that is, "the But atof the same time, the general in
principle of natural justice shouidcriminal
sAIS that nothing shouldbusiness the
be done to Court is to try the case, but not the man" The
not be
create object of Section
C. In criminal prejudice against accused.
proceedings,
idence has been
the fact that
the
given that he has a accused person has a bad character is
dence suggestive ot the good character irrelevant,
hich case it becomes relevant.uThus
in whic
admissible evidence
inadh
of bad
accused's bad character
character is
What the law prohibits is to would not vitiate the not admissible, but mere admission o
give bad jury's verdict.
the injured is not
prohbited. To all the
character to accused. To give bad
anainst him. Where the Court accused a rough and character to witnesses or to
niace that the accused pointedly drew the
a
goonda is surely
prejudicing
roughs and goondasattention
were of jury in the the jury
the jury's verdict is summing up at more than one
D.PROBLEM: The
prosecution described the accused as vitiated
sOLUTION: No. The
prosecution should not describe the
goonda and rough. The accused challenges
reply. accused as it
goonda and rough,
in AIR 1959 Cal 693
case, the
except in
cifferent from the one of which theCalcutta High Court held that the evidence
the accused committed the
avcused had been convicted. I he established an offence is
offence
basing upon the evidence (oral andlor
or not. The Court is concerned with question is
the question
to be decided
whether
documentary). has to be
concerned with the considered
bad character of the accused. The Court is not
question of
E. In a
proceeding under Section 110 CrPC, the bad character of the
oroceeding is started is itself a fact in issue. That being
person against whom the
so, Section 54 of the
application. On the other hand, sub-section (4) of Section 117 CPC makes
Evidence Act has no
admissible in evidence. The objection that such evidence of general repute
evidence is not admissible under
beentertained Section 54 cannot
F. Defamation, malicious prosecution, etc.: In cases of
defamation, malicious prosecution,
the question of reputation is to be considered. In such cases, the bad character of the etc.
adduced as evidence. party may be
G. PROBLEM: Is evidence of previous conviction
relevant?
SOLUTION: YES. The evidence of previous conviction is relevant
Section 53. according to Explanatioi-2 of
Where the previous conviction is relevant as evidence of bad
character, it is relevant.
2 of Section 54 Evidence
Act). It is also relevant under Section 75 of the Indian Penal(Explanation-
Code. If
proved that a person is a habitual offender, and was previously convicted, he shall be sentenced toit isa
much longer term of imprisonment that would ordinarily be awarded to him. In those cases, the previous
conviction must be proved.
Previously the previous conviction was admissible in evidence against the accused person in all
Section 54 was amended by the Act ll of 1891, and now previous conviction is not admissible cases.
against
an accused person under this Section, except where evidence of bad character is relevant. Previous
conviction is admissible in the following cases:
(a) When evidence of bad character is admissible to rebut evidence given of good character, for hear
and accused challenges or invites inquiry, and the reply of a previousS conviction by the prosecution
is fair and legitimate enough;
() Where the fact of bad characteris itself afact in issue, namely where the charge itself implies the
bad character of the accused. For example: Rape case.
) Where the accused is liable to enhanced punishment on account of having been previously
convicted. (S. 75 of IPC & Ss. 211& 290 of Cr.P.C.)
d) Whereupon the trial of a person accused of an offence, the previous commission by the accused
of an offence is relevant within the meaning of Section14, Evidence Act.
(e) A previous conviction may be admissible as a fact in issue or relevant otherwise than under
Section. 14 or Section 54 of Evidence Act.12.
0) Adultery: The husband's general character for infidelity may be proved.
 Evidence
Act. 1872
140 The
Indian
DAMAGES
AFFECTING
CHARACTER
AS of any person is siek
character
cases, the fact that the
In civil
Sec. 55. Character as affecting damages: to receive, is relevant.
Character dispositn
which he ought
and
reputation
e C t the amount of damages includes both
word "character" an
and general disposition, and n
and 55, the
In 52, 53, 54
Sections
be given only of general
reputation
Cxplanation:. evidence may
Section 54, were shown.
except as provided in or disposition
which reputation
of particular acts by
IMPORTANT POINTS: amount of damar
such as to affect the
character of any person is
facts that the
A. In civil c a s e s the
receive is relevant.
which he ought to and not of particula.
and general disposition,
only of general reputationExplanation to Section 55. th
B. Evidence may be given According to the
which reputation or
disposition were shown.
acts by and disposition.
includes both reputation
in Sections 52-55 credit and is
term character
witness affects his alwae
Character of a
witness is always relevant. evidence should be treated a
C. Character of a whether his
the conclusion
it helps the Court to come to
material as
trustworthy. the words published
defendant without justifying
D. Defamation: In every
case of slander or libel, the
the plaintiff had a bad reputation.
were true in substance and in fact, may say that
In these cases the character of the party
E. Breach of promise of marriage and seduction:
concerned is really in issue.
to the plaintiff's character, the defendant is entitledto
F. Where the gist of the action was damage a particular libel in
whose reputation would not be damaged by
show that the plaintiff is a person
defendants can give evidence of the plaintiff's bad character
question. In mitigation of damages the
but not evidence of rumours and suspicion of
bad character.
cONCLUSION
Character of Witnesses: Relevant under Ss. 146 & 153
Character Parties General irrelevant. (Ss. 52 & 54)
Relevant where character Criminal Cases Civil Character
is in issue. Good character of
S. 52 &S. 54. Expl.{1)
affecting damages
the accused is (Relevant) S. 55.
relevant. (S. 53)
X
Bad character
relevant. (S. 54)