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DR.

RAM MANOHAR LOHIYA NATIONAL LAW


UNIVERSITY, LUCKNOW
2015-16

Rough DRAFT
Law of Evidence
TITLE OF PROJECTLaw commission report no. 273: Evidence of bad character in
criminal proceedings under light of Indian evidence law

Submitted To:

Submitted By:

Mr. Vipul Vinod

Nida Fatima

Asstt. Professor (LAW)

Roll No. -78

Dr. RMLNLU

5th Semester

Introduction
Under Common Law, character has traditionally referred to ...either a persons reputation,
whether in general or in some particular respect, or his/her disposition to conduct himself in
some way or other, though evidence is accepted of general reputation only. In 2001, the Law
Commission of UK recommended that bad character be defined as behavior of which a
reasonable person might disapprove, thus couching it in objective terms. Being a recent
definition, and a departure from the general Common Law understanding of bad character
(imputation of any faults or vices), this definition has had little impact on Indian law.
Under the Indian Evidence Act, 1872 [the Act], ss.52-55 pertain to admissibility of character
evidence. These provisions apply to character evidence of parties. Specifically, s.54 lays down
that bad character in criminal proceedings is generally irrelevant. Further, the Explanation to s.55
includes both reputation and disposition in the definition of character.
Through the course of this paper, the rationale behind the prevailing rule on character evidence
will be analyzed, followed by the exceptions to those rules. It will be argued that the test of
relevance must be employed to determine admissibility of such evidence. Pertinently, this paper
is limited to the character of the accused, and not the prosecutor.

Scope and Objective


S.54 of the Act stipulates that, in criminal cases, bad character of the accused is irrelevant.
However, it qualifies this general proposition by permitting bad character evidence for rebuttal.
Other situations in which evidence of bad character may be adduced are ones requiring
identification, based on similar facts, and when it is relevant under other provisions of the Act,
such as s.8, to prove, inter alia, motive and preparation.
Currently, bad character evidence is prohibited if the purpose is only to show the propensity of
the accused towards commission of the impugned act. It is admissible for any other purpose.

The objective of the project is to analyze the principle regarding bad character evidence, its
rationale and the exceptions under the light of Indian law.

Tentative chapterisation
1. Exclusionary principle: The rationale
Even if character evidence be logically relevant in establishing a high likelihood of commission
of an offence, or explaining the conduct of a person, it is excluded on public policy
considerations. It is to prevent matters of prejudice, undue surprise and inconvenience, and
detraction from the main issues, that character evidence is inadmissible. With such perils
associated with the system, unwarranted prolongation of litigation is inevitable.

2. Bad character when admissible


S.54 of the Act stipulates that, in criminal cases, bad character of the accused is irrelevant.
However, it qualifies this general proposition by permitting bad character evidence for rebuttal.
Through the course of this section, the exceptions to the rule will be analysed, and the
appropriateness of the second test- the test of relevance- will be argued.

3. Admissibility for rebuttal


This chapter discusses the conditions when is a rebuttal admissible which are as under:
i.
ii.
iii.
iv.

When character is in issue


Character as affecting damages
Identification and design
Otherwise relevant conditions

4. Conclusion
The project makes an attempt to submit that while evaluating admissibility of character evidence,
contrary to the prevailing Common Law test of probative versus prejudicial value, the simple test
of relevance must be employed.
Other findings will be included in the final draft.

Bibliography

A. Singh, Principles of the Law of Evidence, (17th edn., Allahabad: Central Law

Publications 2009).
C. Allen, Practical Guide to Evidence, (4th edn., London: Routledge and Cavendish

2008).
J. Singh et al, Law of Evidence, Vol.-1, (Chennai: Madras Law Journal Office 1996
M. Monir, Principles and Digest of the Law of Evidence, (11th edn., Allahabad:

University Book Agency 1997).


Ratanlal and Dhirajlal, The Law of Evidence, (23rd edn., Nagpur: LexisNexis

Butterworths Wadhwa Nagpur 2010).


V.P. Sarathi, Law of Evidence, (6th edn., Lucknow: Eastern Book Company 2006).

Web resources:

http://www.lawcom.gov.uk
http://www.legalservicesindia.com/article/article/role-of-character-in-evidence-law-5701.html

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