Character evidence are admissible in criminal courts?
Vikrant
(Querist) 05 May 2020
This query is : Resolved
Hello Resp' lawyers..
My Question is " Is character evidence admissible in Criminal case?"
Guest
(Expert) 05 May 2020
Do not place Query based on your Examples. Please come out with the real requirements
Guest
(Expert) 05 May 2020
If the Accused is an Habitual Offender Or Routine Offender it could be mentioned in the Concerned Court where the Trial goes on and the Concerned Court would decide. In Criminal Cases the Public Prosecutors would represent the Petitioner / Complainant and Police and the Petitioner / Complainant would be at liberty to have his own advocate who would co ordinate with the Public Prosecutor.
Raj Kumar Makkad
(Expert) 05 May 2020
If you file the criminal complaint before the judicial magistrate then the entire burden of proviing the offence lies upon you and if the facts of your complaint do require the anticidants of the accused to be brought on file by way of evidence, you may do so legally and courtcan definitely take the nature of the accused into consideration while deciding your complaint. It doesn't mean that you shall be exonerated from proving the current complaint. The past character of the accused may contribute just for a particular point.
Rajendra K Goyal
(Expert) 06 May 2020
The crime for which the case is being proceeded in the court has to be proved individually, specifically beyond doubt. Record / other criminal cases against the said accused may / maynot help in forming opinion of the court. Definitely it cannot be only deciding factor.
P. Venu
(Expert) 06 May 2020
What are the facts? What is the context?
Deekshitulu.V.S.R
(Expert) 07 May 2020
The antecedents of a party have a role to play in case more particularly. The depend upon each case facts. It is said ones a thief need not always be a thief. In a criminal case if one party wants to lead a character evidence, equally the other can also do the same. On the face of your facts posted, certainly such a piece of evidence is valuable and worth considering.
Dr J C Vashista
(Expert) 07 May 2020
Instead of making the post full of "if..." "if..." which make it hypothetical and unrealistic, please be specific to your problem.
Rajendra K Goyal
(Expert) 08 May 2020
Seems the query changed by the author, at present it looks like examination question. Facts of the query needed for further advice.
Raj Kumar Makkad
(Expert) 08 May 2020
The query has been modified making the earlier replies of the experts as redundant. It would have been better for the author to post a new query. It seems that the replies of the experts are not in the direction of the query now.
P. Venu
(Expert) 08 May 2020
The author is testing the credibility of this platform as well its participants.
Raj Kumar Makkad
(Expert) 08 May 2020
It means we have now facility of Credibility Testing Agency?
T. Kalaiselvan, Advocate
(Expert) 09 May 2020
Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person
The general rule is that character evidence is inadmissible. Since it is very difficult to assess the character of the person, evidence of character is rendered inadmissible.
T. Kalaiselvan, Advocate
(Expert) 09 May 2020
ADMISSIBILITY OF CHARACTER EVIDENCE IN CRIMINAL SUITS IN INDIAN LAW
In criminal proceedings, previous good character is relevant:-
In criminal proceedings, the fact that the person accused is of a good character, is relevant." In criminal enquiries the relevancy of character evidence is different from civil cases.
T. Kalaiselvan, Advocate
(Expert) 09 May 2020
In criminal cases, the accused is allowed to prove his good character, either in chief or by cross-examination. But so far as concerns proof of the accused's good character by another witness, what must be deposed to is, not particular good acts by him, but his general reputation in the community. Strictly the witnessâs own opinion of his character is irrelevant, but in particular considerable latitude is allowed and a witness is often asked to say what he knows of the accused's character. The evidence of character is primarily relevant as to credibility i.e. it makes his testimony more worthy of belief.
T. Kalaiselvan, Advocate
(Expert) 09 May 2020
Good character in criminal cases is a weak evidence. 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. Good character presumably includes good reputation which a man may be in his own circle as well .as his real disposition as distinct from what his friends and neighbours may think of him.
When the accused in a bribery case pleads and produces evidences of good character, which the Court regards as satisfactory, it must be taken in consideration to decide whether the guilt is proved beyond reasonable doubt Phipson states that "Good character is not a defence, for no one would then be convicted, as everyone starts with a good character. The defendant is, however, entitled to rely on the fact that he is of previous good character as making it less likely that he would have committed the offence. If there is any room of doubt, his good character may be thrown in the scales in his favour."
T. Kalaiselvan, Advocate
(Expert) 09 May 2020
In Habeeb Mohammad v. State of Hyderabad, [AIR l954 SC 51] 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.
