The concept of a person’s character,whether they are good, bad, trustworthy, or otherwise can be a very important and useful element.The rules about when and how evidence relating to character can be used is different between civil and criminal cases. The laws relating to character evidence are made to ensure that trials are fair ,unbiased and just, preventing prejudice from overshadowing the facts of the case.
What is Character Evidence?
Evidence related to character means the use of information about a person’s character traits like honesty, violence, trustworthiness, etc.,to support or deny claims about their behavior in a specific circumstance. For example, evidence that someone is dishonest generally might be used to support the idea that they are lying in a particular case.
Key Components
Relevancy of Character in Criminal Cases –
- Section 47 of BSA( Good Character,Relevant) – In criminal cases, the character of the accused plays a very significant role in assessing their innocence or guilt. The accused has the right to present evidence of their good character, and even when determining the appropriate punishment for them, the general good character of the accused will be taken into account. (Earlier Section 53 of IEA)
- Section 48 of BSA (Evidence of Character or Previous Sexual Experience,Irrelevant)- The Criminal Law (Amendment) Act of 2013 introduced this section to offer protection to victims of sexual offenses when there are doubts about their consent. The purpose of this section is to protect the victims from facing harassment during the trial process. (Earlier Section 53A of IEA)
- Section 49 of BSA( Bad Character,Not Relevant)–In criminal proceedings, the negative character of an accused individual holds no relevance. This is because the court’s focus is on the trial itself rather than the individual, as a person with a questionable character might still have a justifiable case. (Earlier Section 54 of IEA).
Exceptions relating to Section 49 are –
- When the accused has presented evidence demonstrating their good character.
- Where the bad character of the accused itself is a fact in issue.[Explanation 1 of Section 49].
- Previous conviction is relevant as evidence of bad character.[Explanation 2 of Section 49]
Relevancy of Character in Civil Cases-
- Section 46 of BSA (In Civil Cases,Character to be Irrelevant absolutely)– In civil cases, the standard practice is that evidence related to the character of any involved individual is not permissible to draw conclusions about their behavior. (Earlier Section 52 of IEA).
Exception to this general rule of Section 46 are-
- When the character is itself a fact in issue.
- Where character is otherwise relevant.
- When character affects damages-Section 50 of BSAintroduces an exception to the general rule stated in Section 46. It allows for the consideration of the plaintiff’s character, whether positive or negative, when determining the awarded damages amount. (Earlier Section 55 of IEA)
Exceptions
- Direct Relevance:If a character of someone is a main issue in the case (like defamation), then it may be directly relevant.
- Previous Convictions: previous convictions can be considered as evidence of bad character in criminal cases, , but only under specific situations ,such as when good character has already been raised.
Examples
- Civil Case:In a case for breach of contract, the fact that one party is considered to be unreliable does not prove they failed to meet the terms of the contract . But, if their character is directly connected to the damages sought, it could be relevant.
- Criminal Case:If someone is on trial for theft but is considered to be honest, their lawyer might present character witnesses to support that they did not commit the crime of theft.
- Sexual Offense Case:If someone is accused of sexual assault, the law restricts to use the sexual history of a victim as evidence to argue that they consented.
Why is this Important?
Character evidence has the ability to influence the result of a trial. If it is allowed without restriction,this could lead to unfair prejudice, where decisions of the courts will be based on personal judgments about a person’s character rather than the facts of the case.The purpose of this evidence is to ensure that trials are decided on evidence which are directly related to the case, maintaining unbiasedness and justice for all parties involved in the case.
The Relevancy of Character in Bharatiya Sakshya Adhiniyam ,2023(BSA) serves to strike a balance between presenting a complete picture of an individual’s character and preventing the misuse of such evidence to influence judgments. It showcases the importance of considering character traits that are directly relevant to the case while upholding the principles of fairness,unbiasedness and justice in legal proceedings.
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