1. Name : Sukre Suraj Ratanrao.
Class : LL.B. – 3.
Subject : Law of Evidence.
Topic : Relevancy of character.
Guidance By
Pro. Vashim Khan sir.
2. Introduction
The word 'Character' denotes "the collective qualities or
characteristics especially mental and moral, that
distinguish a person or thing. Character is differs from
conduct is a stray act. it is single act , done on one occasion
while character continuous act and there is repetition of
the same act.
Character is a combination of quality distinguishing a
person , the individuality of which is the product of
nature, habits and environment. " Is a man honest , is he
good natured, is he of a violent temper, is he modest and
retiring or imprudent and forward. These all constitute
traits of character."
3. Definition
The word Character has been defined in Section 55 of
the Evidence Act. It includes both reputation and
disposition, but except as provided in Section 54,
Evidence may be given only of general reputation and
general disposition, and not of particular acts by which
reputation or disposition were shown.
4. Section of Character.
Section 52 : In civil cases character to prove
conduct imputed, irrelevant.
Section 53 : In criminal cases previous good
character relevant.
Section 54 : Previous bad character bad character
not relevant except in reply.
Section 55 : Character as affecting damages
5. In civil cases
In civil cases character to prove conduct imputed,
irrelevant (Section 52)- In civil cases, the fact that
the character of any person concerned is such as to
render probable or improbably any conduct imputed
to him, is irrelevant except in so far as such character
appears from facts otherwise relevant.
6. In criminal cases
In criminal cases previous good character relevant.
Section.53 - According to section 53 of the Evidence Act, in
criminal proceedings, the fact that the person accused is, of
a good character, is relevant. The innocence or criminality
of an accused can easily be judged by basing on his
character.
Every accused person is at liberty to give evidence of
the fact that he is man of good character. The expression,
"Good Character" has of course is known significance in
relation to evidence upon criminal trials for it denote a
description of evidence in disproof of the guilt which an
accused person may adduce.
7. Previous bad character
Previous bad character bad character not relevant
except in reply.(Section 54) - In criminal
proceedings the fact that the accused person had a bad
character is irrelevant, unless evidence has been given
that he has a character in which case it becomes
relevant.
8. Character affecting damages
Character as affecting damages (Section 55) - 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.
