Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Part II > Character in Criminal Cases: Significance and Exceptions (Ss. 47 to 49 BSA)
Character evidence is important in determining a person’s propensity to do something. A person’s propensity is their inherent tendency or inclination to act in a certain way. Character evidence can be used in criminal proceedings to show that the defendant has a propensity to do the alleged crime. For example, if someone is charged with theft, the prosecution may provide evidence to demonstrate that the accused has a history of stealing or a reputation for falsehoods. Based on their prior behaviour and character attributes, the evidence seeks to prove that the accused is more likely to have committed the crime. Here the habitual nature is proved and not the guilt in the instant case. Note that, character evidence can be used to tip the scales in favour of one side or the other, but it is not conclusive proof of guilt or innocence. In this article, we shall discuss the significance of character in criminal cases under the Bharatiya Sakshya Adhiniyam, 2023.
Character in Criminal Cases
Section 47:
In Criminal Cases Previous Good Character Relevant:
In criminal proceedings the fact that the person accused is of a good character, is relevant.
In criminal cases a man’s character is often a matter of importance in explaining his conduct and in judging his innocence or criminality.
Section 47 BSA, states that in criminal cases, the previous good character of the accused is relevant, meaning evidence of being a person of good repute is admissible to suggest they are less likely to have committed the crime, helping to raise a presumption of innocence in doubtful cases, unlike in civil cases where character evidence is generally irrelevant to prove conduct. The Section is based on the principle that a person of good character is less prone to criminal acts, potentially influencing the court in ambiguous situations.
A plea of good character is a good defence, but it is a very weak evidence; it cannot outweigh positive evidence in regard to the guilt of a person. However, in certain cases, good character may become favourable evidence in favour of an accused in doubtful cases and where the prosecution fails to prove the guilt of the accused beyond the reasonable doubts.
In Habeeb Mohammad v. State of Hyderabad, AIR l954 SC 51 case, it has been held that in criminal proceedings a man’s character is often a matter of importance in explaining his conduct and in judging his innocence or criminality. Many acts of an accused person would be suspicious or free from all suspicions when the character of the person by whom they are done is known. Even on the question of punishment, an accused is allowed to prove general good character.
Section 48:
Evidence of Character or Previous Sexual Experience not Relevant in Certain Cases:
In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.
| Section | Description |
| 64 | Punishment for Rape |
| 65 | Punishment for Rape in Certain Cases |
| 66 | Punishment for Causing Death or Resulting In Persistent Vegetative State of Victim |
| 67 | Sexual Intercourse by Husband Upon His Wife During Separation |
| 68 | Sexual Intercourse by a Person in Authority |
| 69 | Sexual Intercourse by Employing Deceitful Means, etc. |
| 70 | Gang Rape |
| 71 | Punishment for Repeat Offenders |
| 72 | Disclosure of Identity of Victim of Certain Offences, etc. |
| 73 | Printing or publishing any matter relating to Court proceedings without permission. Of criminal force and assault against woman |
| 74 | Assault or use of criminal force to woman with intent to outrage her modesty. |
| 75 | Sexual harassment |
| 76 | Assault or use of criminal force to woman with intent to disrobe. |
| 77 | Voyeurism |
| 78 | Stalking |
Section 48 BSA, is a crucial provision that protects victims in sexual offense trials (like rape) by making evidence of the victim’s character or prior sexual history irrelevant to the issue of consent, focusing the case on the act itself, not the victim’s past, thereby upholding dignity and preventing misuse of character evidence. It ensures fairness by preventing stereotyping and irrelevant evidence that could delay justice.
For example. in a rape trial, the defence cannot bring up evidence that the victim had other boyfriends or past sexual encounters to suggest she consented or is less credible.
Section 49:
Previous Bad Character not Relevant, Except in Reply:
In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.
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.
In criminal proceeding the fact that the accused person has a bad character is irrelevant and cannot be proved. The reason is that the prosecution cannot take the help of bad character of the accused in order to establish its case, but the prosecution must prove the guilt of accused with the necessary evidence in support of the charge. If the prosecution is allowed to prove bad character of the accused, then that would prejudice the mind of the Court. Prosecution can give evidence of bad character only in reply to the accused showing his good character.
Exceptions to Section 49:
There are some exceptions to the rule of the irrelevance of bad character in criminal cases.
- Prosecution can give evidence of bad character only in reply to the accused showing his good character.
- The evidence of bad character can be proved in cases in which the bad character is in issue.
Examples:
- If A is accused of theft at instant case, the prosecution can’t just show he has many prior theft convictions. By proving prior theft convictions they can only prove habitual nature of theft of A but for proving theft in the instant case, they have to submit evidence of instant case only.
- If A’s lawyer (defence lawyer) in above case calls witnesses to say A is a law-abiding citizen, then the prosecution can introduce evidence of his past convictions to rebut that claim.
In K. M. Nanavati v. State of Maharashtra, AIR 1962 SC 605 case, the appellant Nanavati, a Naval Officer, was put up on trial under Ss. 300 and 304 Part I of the Indian Penal Code for the alleged murder of his wife’s paramour. Appellant took defence of the first exception of Section 300 of IPC. In the arguments, the question of character was reckoned. The character of Nanavati was described as good which was also evident by the fact that he was in such a reputed post which demanded a good character itself. Court observed that this statement is admissible in court as the facts of the case in hand cannot be ignored completely. Additionally Court observed that, when the petitioner brings up the fact that the petitioner has a good character, the opposite party gets an option to highlight the bad character.
Conclusion:
In the criminal proceedings, character evidence is extremely important even if it comes second to direct proof. It is an essential tool for assessing the reliability of witnesses, figuring out the accused’s tendencies, and weighing the possibilities in a case. To protect the rights of the accused, its use and admissibility must correspond to the principles of justice, necessity, and due process. The relevance of character evidence in legal proceedings must be carefully considered, taking into account the various laws and regulations governing its admissibility, as well as the potential impact it may have on the proceedings. Its use must be judicious and guided by the principles of fairness and justice for all parties involved.