CHARACTER WHEN

RELEVANT
SECTION 52 - 55

S. HRUDAI TEJ
Asst Prof of Law
ICFAI – HYD.
 OVERVIEW
• 52. In civil cases character to prove conduct imputed, irrelevant.
• 53. In criminal cases previous good character relevant.
• 53A. Evidence of character or previous sexual experience not relevant in
certain cases.
• 54. Previous bad character not relevant, except in reply.
• 55. Character as affecting damages.
 CHARACTER
• Character means the collective qualities or characteristics especially mental and
moral, that distinguish a person or thing. Character is the estimation of a person by
his community.
• The word “character” includes both reputation and disposition.
• Reputation is the common or general estimate of a public opinion.
• Disposition means the inherent qualities of a person.
• A man may be reputed to be a good man but in reality, he may have a bad
disposition and vice versa.
52. In civil cases character to prove conduct
imputed, irrelevant.
GENERAL RULE
• In civil cases, the character of any person is irrelevant.
EXCEPTIONS IN CIVIL CASE
1. When the character is itself a fact in issue.
Eg: The employer removed the employee. Employee files a case against employer for
unreasonably removed from his job.
 Cont..
2. When the character is otherwise relevant.
Eg: Husband has relations with other women. Wife when filed a case of
adultery.
3. When character affects damages as stated under Section 55 of IEA.
- Based on Plaintiff ’s reputation/ character damages are decided.
Eg: Damages for defamation.
 53. In criminal cases previous good character
relevant
• In criminal proceedings, the fact that the person accused is of a good
character, is relevant.
Habeeb Mohammad v. State of Hyderabad, [AIR l954 SC 51]
- In criminal cases, a person’s character is considered important evidence.
- Their character can help explain their conduct and judge innocence or guilt.
- During sentencing, an accused can present evidence of their general good
character.
 53A. Evidence of character or previous sexual
experience not relevant in certain cases.
In cases where the offence is committed under the following sections of Indian Penal Code-
• Section 354 (Assault or criminal force to woman with intent to outrage her modesty).
• Section 354A (Sexual harassment and punishment for sexual harassment).
• Section 354 B (Assault or use of criminal force to woman with intent to disrobe),
• Section 354 C (Voyeurism).
• Section 354 D (Stalking),
• Section 376 (Rape),
• Section 376 A (Punishment for causing death or resulting in persistent vegetative
state of victim.)
• Section 376 B (Intercourse by a man with his wife during separation),
• Section 376 C (Intercourse by public servant with woman in his custody),
• Section 376 D (Gang Rape),
• Section 376 E (Punishment for repeat offenders) and,
• 376DA.Punishment for gang rape on woman under sixteen years of age.
• 376DB.Punishment for gang rape on woman under twelve years of age.
➢an attempt to commit such offences
➢and the consent or quality of consent is in question,
➢Evidence pertaining to previous sexual acts of the victim is irrelevant.
Eg: Live in relationship, Prostitute.
 54. Previous bad character not relevant, except
in reply.
• In criminal proceedings, the fact that the accused person has a bad character, is
irrelevant, unless evidence has been given that he has a good character, in which
case it becomes relevant.
EXCEPTIONS
• Explanation 1.––This section does not apply to cases in which the bad character of
any person is itself a fact in issue.
• Explanation 2. ––A previous conviction is relevant as evidence of bad character.
When the accused has submitted any evidence of his good character, in such a case
to rebut the prosecution can present evidence pertaining to the bad character of the
accused.
 55. Character as affecting damages.
• In civil cases, the fact that the character of any person is such as to affect
the amount of damages which he ought to receive, is relevant.
• Explanation.
In sections 52, 53, 54 and 55, the word “character” includes both reputation
and disposition; but, evidence may be given only of general reputation and
general disposition, and not of particular acts by which reputation or
disposition were shown.
• Sections 52 & 55 – Character in Civil Matters
Relevancy – Last portion of Section 52 and 55
Irrelevancy – General principle
• Sections 53,53A&54 – Character in Criminal Matters
Relevancy – Sections 53 and 54
Irrelevancy – General principle and Section 53A