character evidence

The rules are in ss.46 to 50 BSA (old ss.52 to 55 Evidence Act). “Character” covers both reputation and disposition. In civil cases, character to prove conduct is irrelevant unless character itself is in issue (s.46). In criminal cases, the accused's good character is relevant (s.47), but his bad character is irrelevant unless he has first given evidence of good character, or bad character is itself a fact in issue (s.49).

In prosecutions for rape and certain other sexual offences, evidence of the victim's character or previous sexual experience is not relevant on the question of consent (s.48, old s.53A). In civil cases, character that affects the amount of damages is relevant (s.50).

Example

The prosecution could not lead evidence of the accused's earlier thefts, because bad character becomes relevant under section 49 BSA only in reply to evidence of good character.

In Indian law

• Sections 46 to 50, Bharatiya Sakshya Adhiniyam, 2023 (old ss.52 to 55, Evidence Act)
• Section 48, Bharatiya Sakshya Adhiniyam, 2023 (old s.53A) (victim's character irrelevant to consent in sexual offences)

See also

relevant fact · relevancy and admissibility · rape

Read more in the study notes

• Classification of administrative action (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• Public corporations and public undertakings: status, classification, liability and control (Administrative Law)
• Mediation: meaning, the mediator and essential characteristics (Alternative Dispute Resolution Systems)