NATIONAL LAW UNIVERSITY ODISHA

COURSE: INDIAN EVIDENCE ACT

PROJECT TOPIC:
EVIDENCE OF GOOD CHARACTER OF ACCUSED



SUBMITTED BY:-
ASHISH SHUKLA
2012 / B.A. LLB / 016
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TABLE OF CONTENTS

RESEARCH METHODOLOGY _______________________________________________ 2
INTRODUCTION____________________________________________________________ 3
CHARACTER 1: EXPLANATION SECTION 55 ______________________________________ 4
A. Character. ___________________________________________________________ 4
B. Good And Bad Character ________________________________________________ 5
CHAPTER 2: SCOPE AND VALUE OF CHARACTER EVIDENCE IN CIVIL CASE: SECTION-52___ 5
CHAPTER 3: SCOPE AND VALUE OF GOOD CHARACTER IN CRIMINAL CASES: SECTION 53 __ 8
CHAPTER 4: RELEVANCY AND ADMISSIBILITY OF GOOD CHARACTER EVIDENCE OF
ACCUSED __________________________________________________________________ 9
A. Good Character of the Co- accused: ______________________________________ 10
CONCLUSION _____________________________________________________________ 12
BIBLIOGRAPHY ___________________________________________________________ 13


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RESEARCH METHODOLOGY

SCOPE AND OBJECTIVE
The study presents the analytical study of the various theories on the scope and value of
admissibility and reliability of the Good Character of Evidence and its applicability in different
region.

RESEARCH QUESTION
1. Whether Good Character Evidence outweighs the other positive evidence?
2. Whether Good Character Evidence has similar scope in Criminal as well as in Criminal
case.

HYPOTHESIS
Good character evidence is only come into picture when other affirmative evidences are unable
to bring the case at the conclusive end.

SOURCE
The author of this project in his analysis has depended upon works, views and theories of various
scholars and criminologists. A unique and uniform style of citation is followed.



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INTRODUCTION
Evidence of character has long been at core of the law of evidence. The concept of evidence of
character was developed at common law and later on deduced into several legislation including
Indian Evidence Act, 1872. Character Evidence is produced into the court to describe the
testimony or any report with the purpose of proving that the accused or party to the case acted in
the particular way or not. Character Evidence is sought when there is a doubt which can't be
cleared till the character evidence comes into the picture. In this research paper the main focus
will be on the good character of accused. Research paper will also try to focus on the other issue
like what is character evidence, its Scope, how far it is considered to be relevant, reliable, as well
as admissible. The basic ground or philosophy behind the non-admissibility of the character
evidence is that the one's character can't tell the probability or improbability of any conduct
imputed on him/her. Character has been categorized into two forms one is "Reputation" and
another is "Disposition" which has been discussed in detail further. Unlike in England, both
reputation and disposition is admissible in India. Further the Character evidence. Further
Character Evidence relevancy was bifurcated into two parts one is its relevancy in civil cases and
second is its relevancy in criminal cases. In civil cases the role of character evidence is negligible
as it is not admissible until and unless character of party/accused is in issue. But when we come
towards the role and admissibility of character evidence in criminal cases the position is totally
different. There are two faces of character one is bad and another is good. It is totally depend
upon the context under which we are considering it. In one situation something which is good
character of evidence may become bad character of evidence in some other situation. General
good character evidence is admissible. The condition is not same for the bad character evidence
as it can only be admitted if it is in fact in issue or in rebuttal to good character of evidence.
Weight of the character evidence is very light as in comparison to other positive evidence.
Character Evidence can't outweigh the positive evidence which would lead the judge to come to
the conclusion of the case. Further it also discussed the good character evidence of co-accused.



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CHARACTER 1: EXPLANATION SECTION 55
A. CHARACTER.
Character is a combination of the peculiar qualities impressed by nature or by habit of the
person, which distinguish him from others
1
. The term character as used in section 52-55
which basically talk about character evidence has been defined in the explanation to section 55.
Reputation includes both character and disposition, and the disposition is not the less proven
because it appears on the face of the facts deposed to by the plaintiff, or is a proper inference
from those facts
2
. 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
was shown. Disposition means inherent qualities of a person while reputation means of general
credit of the person among the public
3
. In a very famous case R v. Rowton
4
majority judgment
was that the disposition should be excluded but later on, in the case R v. Davidson
5
it was
overruled and the reasoning was taken from the dissenting opinion of the former case. Now the
current position under the concerned evidence act is that the both reputation and disposition
have been included in the definition of the Character
6
. Good character in this section presumably
includes good reputation which a man may bear in his own circle as well as his real disposition
as distinct from what his friends and neighbours may think of him
7
. A person with a good
reputation in a certain public domain may have the bad disposition. Perspicacity alone of a
witness cannot determine the disposition of a man. Witness who is adducing the character
evidence must have the opportunities to observe the man. Evidence of a witness with regard to a
particular trait of a man with which he is familiar may be of use. There are two classes of cases
where evidence of character is very much important 1) where the act is equivocal, or criminal, as
in these kind of cases character of the accused explains conduct and the rebut the presumption

1
Webster
2
Devbrata Shastry v. Krishna Ballabh, AIR 1954 Pat 84.
3
Bhagwan Swarup v State of Maharashtra AIR 1965 SC 682
4
(1865) 34 L.J.M.C. 57.
5
31 How. St. Tr. 99.
6
Fields Law Of Evidence, 11
th
Edn., Page: 2592.
7
Stirland v. Director of Public Prosecutions, 60 TLR 461.
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which may arose in case of absence of any such evidence. 2) When a charge rests on the direct
testimony of a single witness and on the bare denial of it by the person charged
8
.
B. GOOD AND BAD CHARACTER
What is good or bad is to some extent determined by the context in which the issue arises. Thus
in R v Bracewell,
9
evidence that the accused was a cool professional burglar was regarded as
evidence of good character when the issue was whether he, or an inexperienced accomplice, was
more likely to have panicked and killed the victim of the burglary.
CHAPTER 2: SCOPE AND VALUE OF CHARACTER EVIDENCE IN CIVIL CASE: SECTION-52
In respect of the character of a party, two distinctions must be drawn, namely, between the cases
when the character is in issue or is not in issue, and the cause is civil or criminal. The two
exceptions to this rule are, that, in civil proceedings, evidence of character as affecting damages,
is admissible (s. 55); and in criminal proceedings, the fact that the person accused is of a good
character, is relevant, but the fact that he has a bad character is, except in certain specified cases,
irrelevant (ss. 53 and 54)
10
. Though section 52 of IEA said character of any person but its
essence is only for the party in the issue. Evidence of character of parties is irrelevant and
inadmissible in civil cases as the business of the court is to try the case, and not the man; and a
very bad man may have a very righteous cause
11
unless character is in issue
12
. In a suit for
damages for defamation the character of the plaintiff will is also relevant for determination of
quantum of damages
13
. Evidence of character may be relevant in civil proceedings in a number
of different ways. Quite apart from its possible relevance as similar fact evidence, it may itself
be in issue, as in defamation cases, or it may be used to impugn the credibility of a party witness.
The rule of exclusion of evidence of character does not apply when, according to the rule of
substantive law applicable to the case, the character of party is a fact in issue. Under the general
law of defamation the truth or otherwise of an imputation of bad character is a fact in issue; and

8
STEPHEN in his introduction (pp.167, 168) (See also commentary to the explanation in section 155)
9
(1978) 68 Cr App Rep 44.
10
Woodroffe And Ameer Alis Evidence, 10
th
Edn., Vol. II, P.718.
11
Wigmore,135.
12
Jagannath Prasad v Ram Chandra AIR 1952 All 408: 1952 Cr LJ 786.
13
Devi Dial v The Crown AIR 1923 Lahore 225: 24 Cr LJ 693.
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evidence on this point will therefore be received
14
. Thus, in an action for a libel, where the
language, complained of stated that the defendant parted with the plaintiff "on account of her
incompetency, and her not being lady like or good tempered; and where, in a similar action, the
words charged the plaintiff "on account of her incompetency, and her not being lady like or good
tempered," general evidence of her competency, good temper and manners was received: and
where, in a similar action, the words charged the plaintiff generally with dishonesty and
misconduct while in service, a witness, with whom she had previously lived, was allowed to
testify to her antecedent general conduct
15
. Under the Punjab custom, the unchastity of a widow
involves a forfeiture of her life interest in her husband's property
16
; and, under Hindu, law a
forfeiture of her right to maintenance
17
. Therefore, where the question is whether a widow
governed by the Punjab custom has forfeited her life interest, or a Hindu widow her right to
maintenance, by reason of her unchastity, evidence of bad character will be admitted without
question. Similarly, a Mohammedan woman, otherwise entitled to the custody of boy or girl, is
disqualified by gross and open immorality
18
and where her right to the custody of a minor is
attacked on this ground, evidence of her immoral character will be admitted as a matter of
course. When the character of a party is not in issue but the evidence of character is tendered for
the purpose of rendering probable or improbable any conduct imputed to him, it will be rejected
as inadmissible. If A sues B on a promissory note the execution of which is denied by B,
evidence of the fact that A is a habitual forgerer of promissory notes will be inadmissible
19
. In a
divorce case, the husband cannot, in disproof of a particular act of cruelty, tender evidence of his
general character for humanity. As to the meaning of character ", see section 55, Explanation
It seems that the general good character of a party may not be adduced, unlike that of the accused
in criminal proceedings. This was clearly stated by Eyre CB in A-G v Bowman,
20
a suit for a
penalty, and elaborated by Baron Martin in A-G v Radloff
21
. In criminal cases evidence of the
good character of the accused is most properly and with good reason admissible in evidence,

14
Cockle's Cases & Statutes, 4th Edn., 111.
15
Taylor 355.
16
Gurdit Singh v. Khewan Singh, 1913 PWR 57: 19 IC 253.
17
Mulla Hindu Law, section 561.
18
Wilson's Anglo-Mohammadan Law, section 108.
19
Section 11 is inapplicable to evidence of this kind
20
1781 2 Bos & P 532n.
21
(1854) 10 Exch 84, 97.
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because there is a fair and just presumption that a person of good character would not commit a
crime; but in civil cases such evidence is with equal good reason not admitted, because no
presumption would fairly arise, in the very great proportion of cases, from the good character of
the defendant, that he did not commit the breach of contract or of civil duty alleged against him.
Hence the reason for general exclusion of character evidence is based on grounds of public
policy and fairness, since its admission would surprise and prejudice the parties by raking up the
whole of their careers, which they could not possibly come into court prepared to defend
22
.
When a partys character, which in this context means his reputation, is not directly in issue in
the proceedings, but evidence of it is tendered in proof of some other fact, it is generally
excluded
23
. The principle of exclusion of evidence character mentioned in this section is based
on the principle of law that the evidence adduced should alike, directed and confined to the
matters which are in dispute, or which form the subject matter of the investigation
24
. To admit
character evidence in every case, or to reject it in every case, would be equally fatal to justice
25
.
The general rule is that the evidence as to the character of a person is irrelevant in a civil case
26
.
In this section the expression the character of any person concerned is used. Therefore, it may
appear to include persons who are called as witnesses, but the content of the section refers only
to the parties to the proceedings. It does not appear prima facie that character evidence has any
place in a civil action. Whether a party accused is of clean reputation or has a criminal record on
first glance have no relevance on any issue which may arise. But there are basically two situation
where such issue may emerge in the course of civil proceedings.
1. Character as a fact in issue- one of the most obvious examples regarding this situation is
the case of defamation. If the claimant is suing as a result of being accused of being
fraud, evidence of convictions for dishonestly would be admissible.
2. Character as relevant to a fact in issue- In normal situations evidence of the character of
the parties in civil proceedings is irrelevant. In Attorney General v Bowman
27
the suit
was for keeping false weights. Defendant in this case sought to adduce good character

22
Queen v. Rowten ,1865 34 LJ (MC) 57.
23
Naracott v. Narracott and Hesketh, 1864 33 LJPM and A 61 at 62. In general, evidence cannot be led in chief to
bolster up the credibility of witnesses; see R V Turner (1975) 1 All ER 70 at 75: (1975) 2 WLR 56, 61, CA, per
LAWTON LJ; cf. Lowery V R (1974) AC 85: (1973) 3 AII ER 662, PC.
24
Best Of Evidence, 8
th
Edn., Section 251, P.241.
25
Best Of Evidence, 8
th
Edn., Section 256, P.245.
26
Jagannath Prasad v. Ram Chandaran, AIR 1952 AII 408.
27
(1791) 2 Bos. &P. 532n.
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evidence which was denied by the court on the basis that it was not in the relevancy of
the issue. In another case namely Secretary of State for Trade and Industry v Coulthard
28
,
court denied the admissibility of the good character evidence of the accused on the basis
that it was not probative of any issue. The key factors in civil cases are again the
relevance and probative weight. In Mood Music Publishing v De Wolfe Publishing Ltd
29
,
the claimant accused that the defendant has infringed their copyright. For this claimant
adduced the evidence that defendant had previously also involved in these kind of
activities, to this court of appeal upheld the decision to admit the evidence.
CHAPTER 3: SCOPE AND VALUE OF GOOD CHARACTER IN CRIMINAL CASES: SECTION 53
In criminal proceedings a mans character is often a matter of importance in explaining his
conduct, improbability and probability of the conduct imputed on him and in judging his
innocence or criminality. If vicious intention is an ingredient of the offence charged against the
accused, evidence of good character is useful in showing the improbability of the existence of
that intention
30
. Many acts of accused person would be suspicious or free from all suspicion
when the court comes to know the character of the person by whom they are done
31
. A man's
character is often a matter of importance in explaining his conduct and in judging his innocence
or criminality
32
. In all cases, when, evidence is admitted touching the general character of the
party, it ought manifestly to bear reference to the nature of the charge against him; as for instance
if he be accused of theft, that he has been reputed an honest man; if of treason, a man of loyalty.
It should also relate to the same period as the supposed offence; for, as Lord Holt once remarked,
"a man is not born a knave; there must be time to make him so; nor is he presently discovered
after he becomes one
33
Court has to consider whether or not there is reasonable doubt as to the
guilt of such accused person
34
. Fact that the accused is of a good character is relevant in

28
(1997)1 B.C.L.C. 329.
29
(1976) 1 AII E.R. 763.
30
A man is found in possession of stolen goods. He says he found them and took charge of them to give them to the
owner. If he is a man of very high character, this may be believed
31
Habeeb Mohammad v State of Hyderabad AIR 1954 SC 51, 58: 1954 Cr LJ 338.
32
Habeeb Mohammad v. State of Hyderabad, 1954 SC 51.
33
Taylor 351.
34
Emperor v Khurshid Hussain AIR 1947 Lahore 410: 48 Cr LJ 882.
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weighing probabilities in doubtful case
35
. Presently defendants can adduce the evidence of their
own good character either by witnesses or testifying themselves. In the case of Redgrave
36
judge
ruled that the evidence will be inadmissible if it referred to any particular facts, particular
disposition that made it unlikely that they had committed the offence. And it was also said that
the scope of the evidence of character is limited taking public interest in consideration. Character
evidence is very weak evidence. It cannot outweigh positive evidence in regard to the guilt of a
person. It may be useful in doubtful cases to tilt the balance in favor of the accused
37
.
CHAPTER 4: RELEVANCY AND ADMISSIBILITY OF GOOD CHARACTER EVIDENCE OF ACCUSED
The principle on which good character may be proved is that it affords a presumption against the
commission of crime. It is logical that the one person who performed his duty honestly
throughout his whole life may overcome by temptation, depart from the path he followed and
committed a crime in his last days of office and there are several cases present of these kinds but
they are considered as exception in our law. The rule is totally otherwise. The influence of this
presumption from character will necessarily vary according to the circumstances of different
cases
38
. Character evidence is very weak evidence; it cannot outweigh positive evidence in
regard to the guilt of a person
39
. The opinion expressed by the witnesses does credit the accused
but the face of positive evidence cannot turn the scale in his favor
40
. General evidence of bad
character is not admissible against the prisoner but the good character evidence is always
admissible
41
. The accused is permitted to adduce or give evidence of his good reputation
42
, and if
he thus puts his character in issue, the prosecution may attack it
43
. In all truly criminal trials,
however, the defense is entitled to lead evidence of the good character of the defendant, subject

35
Data Xiva v State AIR 1967 Goa 4.
36
(1981) 74 Cr. App. R. 10.
37
Bhagwan Swarup v State of Maharashtra AIR 1965 SC 682: (1965)1 Cr LJ 608: (1964)2 SCR 378.
38
Wigmore 123. Affidavit of a senior lawyer certifying previous good character of accused, an Assistant Public
Prosecuter, of no use in circumstances of case, Kasam Abdulla Hafiz v. State of Maharashtra, AIR 1998 SC 1451:
1998CrLJ 1422.
39
Uday Kumar v. State of Karnataka, 1998 CrLJ 4622 (SC).
40
Bhagwan Swarup v State of Maharashtra AIR 1965 SC 682: (1965)1 Cr LJ 608: (1964)2 SCR 378.
41
Fields Law Of Evidence, 11
th
Edn., Vol. 3, P. 2570.
42
Criminal Law, Vol. II, para. 368.
43
Criminal Law, Vol. II, (paras 369, 388)
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to the right of the prosecution to call evidence in rebuttal
44
. In the very famous case of English
law Rowten, certain principles were laid down regarding the admissibility of the evidence of the
good character of accused which have never been expressly doubted and which have, from time
to time, been explicitly applied or endorsed
45
. They are summarized below-
1. The character witness called on behalf of the accused can give evidence of the general
reputation of the accused for good character, but not of his individual opinion as to the
accuseds disposition
46
.
2. The witness may also give negative evidence instead of positive or affirmative i.e.
witness can also say that he has never heard anything wrong or bad about the accused,
that will be also admissible and will have the same effect as if it was the positive one.
3. Witness who is asked to give testimony cant be examined in chief as to any particular
facts.
4. The character proved must be of the specific kind impeached, e.g., honesty where
dishonesty is charged, good character in other respects being irrelevant
47
.
Good character is not a defense, for no one would then be convicted, as everyone starts with a
good character.
48
If there is any kind of room left for the doubt then accused good character may
be thrown in his favor. The accused was enabled to give evidence on his own behalf by section 1
of the Criminal Evidence Act, 1897
49
. The fact that the accused is of good character is relevant in
weighing the probabilities in a doubtful case, but it can be dispensed with in cases where the
prosecution case has not been proved
50
.
A. GOOD CHARACTER OF THE CO- ACCUSED:
It will be extremely rare for one co-accused to seek to adduce evidence of the wholly good
character of his co-accused. It is very much more common for the accused to adduce evidence of
his own good character, in particular by comparison with that of his co-accused in a situation in
which each is alleging that the crime was committed solely by the other, often described in the

44
Phipson , 13
th
Edn., page236, paras 13-07
45
1865 Le and Ca 520: 34 L.J.M.C.
46
R. v. Shrimpton, 1851 3 C.&K. 373, CCR.
47
R. v. Turner, 1817 32 St. Tr. 957, 1007-1008.
48
Phipson On Evidence, 13
th
Edn. Page 241, paras:13-12.
49
Phipson On Evidence, 13
th
Edn. Page 241, paras: 13-14.
50
Data Xivae Naigue Desai v. State, AIR 1967 Goa 4 (FB).
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vernacular as cut-throat defense. Just occasionally, this may involve stressing some
qualification of the bad character of the co-accused
51
.




























51
Thus in R v Bracewell (1978) 68 Cr App Rep 44, the accused testified to the inexperience as a burglar of his co-
accused so as to show that he was more likely of the two to have panicked.
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CONCLUSION
It can be concluded from this paper that Good Character evidence of an accused play vital role in
deciding cases. Although it has very limited scope and area of application, it has its own place in
evidence law. The value of the character evidence depend upon the availability of positive
evidence, if there is no positive evidence which can bring the court to any conclusion in that case
the character evidence will come into picture. If there is any doubt regarding the case in absence
of affirmative evidence and to tilt the case in the direction of result then reliability and
admissibility of the character evidence plays a deciding role. General good character evidence is
accepted but general bad character is not accepted, it will only be accepted in rebuttal or if it is in
fact in issue. As we know this concept has came from the principle of common law but it has
different application in India and in England. Unlike in England, In Indian Evidence Law,
disposition and reputation both are considered for the character evidence. Despite this minor
variation most of the principles and rules of English Evidence Act and Indian Evidence Act are
similar. The admissibility of Good character evidence in cases of civil matter is more limited and
restricted as compared to the Criminal cases. This difference lies because of the concept that in
civil matters hardly the character of the accused has any impact on the conduct of that person but
the case is not same in the criminal cases. We have accepted this concept as we follow
adversarial form of justice where law presumes accused an innocence person until and unless
contrary is proved. But many a times accepting good character of accused leads to the
miscarriage of justice. It is always a first time for every criminal to commit crime and that first
time has no previous bad character to rebut the good character that the accused is going to
produce. In a doubtful case where no positive or affirmative evidence is present, the accused that
is actual a culprit will be freed. Hence it is very difficult but important for the judge that how
much he should rely on and admit the previous good character of evidence of the accused.

13 | P A G E
BIBLIOGRAPHY

BOOKS

SIR JOHN WOODROFFE AND SYED AMIR ALL- LAW OF EVIDENCE, KESHAV RAO, (ED. 18TH)
VOL

THE LAW OF EVIDENCE, RATANLAL & DHIRAJRAL, (ED. 21ST, 2009) WADHWA NAGPUR.

LAW OF EVIDENCE, DR. ASIS MALLICK, EASTERN LAW HOUSE.

BASUS LAW OF EVIDENCE, BY P.M. BAKSHI, INDIAN LAW HOUSE, 7TH EDITION VOL 3

PHIPSON ON EVIDENCE, HODGE M MALEK (ED. 15
TH
)

LAW OF EVIDENCE, SUDIPTO SARKAR & V. R. MANOHAR, (ED. 17TH, 2010) VOL 1.)