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THEORY:


Character Evidence [sections 52-55]

Secs. 52-55 of the Indian Evidence Act, 1872 deal with character evidence. The wordcharacter thus includes both reputation and disposition. Explanation at the end of these sections and which is common to them provides that for the purpose of all these sections, character includes both reputation and disposition.

‘Reputation’ means what is thought of a person by others, and is constituted by public opinion. ‘Disposition’ respects the whole frame and texture of the mind. It comprehends the springs and the motives of actions. ‘Temper’ influences the action of the moment,‘disposition is permanent and settled; ‘temper’ may be transitory and fluctuating. It is possible and not infrequent to have a good disposition with a bad temper and vice versa.

The explanation further provides that except as provided in sec. 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.

Thus, evidence of reputation or disposition must be confined to the particular traits which the issue is concerned about. Therefore, it would be useless to offer the evidence of a party’s reputation for honesty where the fact in issue is cruelty, or of his mild disposition where the fact in issue is fraud. Reputation for honesty would be relevant on an issue of fraud, and a merciful disposition on an issue of cruelty.

Character is not relevant in both civil and criminal cases. However, where character itself is a fact in issue or a relevant fact, evidence of character is admissible. Also, in some other exceptional cases character evidence may become admissible.

Character Evidence in Civil Cases

In Respect of the character of a party, cases may be divided into the following two categories:

1. The cases in which character of the party is in issue 2. The cases in which the character of party is not in issue.

When the general character of a party is in issue, naturally, the character of the party is relevant. Thus for example, in a suit for defamation where the alleged defamatory statement is regarding the character of the plaintiff, the plaintiffs character is at issue and therefore, evidence of plaintiffs’ character is relevant.

But where general character of the party is not in issue, but is tendered in support of some other issue, as a general rule, in civil cases evidence of character of any party to the suit is excluded. Therefore, sec.52 of the Indian Evidence Act declares that in civil proceedings, evidence of character of a party to prove conduct imputed to him is irrelevant, except in so far as such character appears from facts otherwise relevant.

This general exception is based upon grounds of public policy and fairness, because its admission would surprise and prejudice the parties by taking up their whole careers which they could not possibly come into court preferred to defend.

The Supreme Court has pointed out that the business of the courts is to try the cases and not the persons. A very bad man may have a very righteous cause.

Sec. 52 refers to character of parties to the suit and not the character of witnesses. Therefore, character of witness may be relevant under sec. 155 to impeach the credit of the witness.

Further, sec. 52 excludes evidence of character from being given only when the purpose of such evidence is to render probable or improbable any conduct imputed to the party. But when the facts which are relevant otherwise than for the purpose o