Evidence of character, According to Section 48 of BSA 2023 it states that in a prosecution for an offence under 64 78 of BNS 2023.
Or for a attempt to commit any such offence, where the question of Consent is in issue, evidence of the character of the victim.
Or of such persons previous sexual experience with any person, shall not be relevant on the issue of such consent are the quality of the consent.
Character evidence is strong or weak piece of evidence
Section 46 to 51 of Bhartiya sakshya adhiniyam 2023 States character of victim or accused when relevant.
Character evidence has pieceable evidence value, it is a week piece of evidence and does not play any vital role in the decision.
It is only make way evidence or indicative evidence, if the court finds that the chain of circumstantial evidence is almost complete.
Then if there is evidence of good or bad character which is relevant then the court may get at extra Assurance on the basis of good or bad character.
To decide the case either ways since character is relevant fact as per section 46 to 50. It will considered to be substantive piece of evidence where were character is relevant.
Good character of accused in criminal cases
As per 49 Bhartiya saksh adhiniyam 2023, previous bad character not relevant except, in reply.
Good character of accused in criminal cases is relevant but bad character per se is irrelevant. However if the evidence of good character is proved by the accused then bad character become relevant.
And therefore only at the defence evidence stage that first accused has to give evidence of good character. And there after the evidence of bad character may be given by the prosecution.
Thus bad character relevant only if good character evidence has been given by Defence.
Good character relevant in criminal cases
As per section 47 of BSA 2023 in criminal cases previous good character relevant. It states that in criminal proceedings the fact that the person accused is of a good character is relevant.
Good character relevant in civil cases
As per section 46 BSA 2023, In civil cases the fact that the character of any person concerned is such as to render probable or improbable.
Any conduct imputed to him, is relevant except in so far as such character appears from facts otherwise relevant.
In general section 46 puts bar upon the character evidence in civil cases if declares that character is irrelevant in civil suits.
That if a party want to give the evidence of his or any other person character then he will not be permitted to do so. However later part in section 46 clearly declared that character will be relevant if it appears from some other fact.
Which are relevant if previous conduct or similar concerns are relevant then those fact will be allowed to be proved per se. And if from such fact of the character good/bad of person manifested then such character will be relevant.
Charcter evidence has piece able evidence value
It is a weak piece of evidence and does not play any vital role in the decision it is only, “make way evidence or indicative evidence”.
If the court find that the chain of circumstantial evidence is almost complete then, if there is evidence of good or bad character.
Which is relevant then the court may get an extra Assurance on the basis of good or bad character to decide the case either ways.
Since character is relevant fact as per section 52- 55 it will considered to be substantive Piece of evidence where were character relevant.
S/50 BSA, character as affecting damages reputation
Opinion is based on certain incident the evidence of reputation shall be given of general repetition or disposition.
of not a particular act incident shall not be required to be nominated only for a particular act, But of the general opinion shall be given.
Civil suit- To prove character disposition or reputation of the person concerned can be proved reputation is opinion of the Other regarding the virtue of a person.
And disposition is temperament or the attitude of person concerned toward the other. The explain make it clear that the evidence reputation or disposition shall be that of general.
The witness has simply state in court as to what in his opinion is Reputation of the person concerned. He shall not give the evidence on the basis of which he formed his opinion.