In a trial for an offence, the prosecution adduces evidence of the bad character of the accused. The accused objects to the admissibility of prosecution evidence on the ground that he has not given evidence of his good character. Decide.

Question: In a trial for an offence, the prosecution adduces evidence of the bad character of the accused. The accused objects to the admissibility of prosecution evidence on the ground that he has not given evidence of his good character. Decide.

Find the answer to the mains question only on Legal Bites. [In a trial for an offence, the prosecution adduces evidence of the bad character of the accused. The accused objects to the admissibility of prosecution evidence on the ground that he has not given evidence of his good character. Decide.]

Answer

Section 54 of the Indian Evidence Act talks about Previous bad character not relevant, except in reply.—In criminal proceedings, the fact that the accused person has a bad character is irrelevant unless evidence has been given that he has a good character, in which case it becomes relevant.

For instance, on the trial of a prisoner for wounding a constable who had arrested him on suspicion of felony, the counsel for the prosecution asked the constable “what do you know has been the prisoner’s previous character.” It was held that the answer of the constable was not admissible in evidence.

In another example, a person is prosecuted for theft, evidence is sought to be produced to prove that the accused is a bad character and has been suspected of theft and other similar offences on several occasions in the past. It was held that this evidence was not admissible

In other words, the prosecution cannot lead evidence of the bad character of the accused as part of its original case. They can produce evidence of bad character only in reply to the accused showing his good character. Criminal cases also admit certain exceptions.

There are certain cases in which evidence of a prisoner’s bad character can be given under section 54:

1. To rebut prior evidence of good character (Sec, 54).
2. The character is itself a fact in issue (Explanation 1 to Sec 54). For example, in a prosecution for rape, the bad character of prosecution (raped woman) may be a fact in issue for it may afford a defence to the accused. Under Section 110, Cr.P.C, a person is to be bound down if he is by habit a robber, a housebreaker, etc.
3. A previous conviction is relevant as evidence of bad character in criminal cases (Explanation 2 to Sec. 54). Under Sec. 71, IPC if it is proved that a person is a previous convict he shall be sentenced to a much longer-term of imprisonment than would ordinarily have been awarded to him.

In the case of Mangal Singh v. State of M.B., [AIR 1957 SC 199] where the evidence which disclosed certain unpleasant things about the accused in the past was examined by the Court in order to ascertain the motive for the murder and not for the purpose of determining as to whether the accused were persons of a bad character likely to commit murder. It was held that the evidence was admissible.

Therefore, in the present case at hand, when in a trial for an offence, the prosecution adduces evidence of the bad character of the accused; the prosecution shall not be allowed to adduce such evidence relating to the bad character of the accused, since it is not falling under any of the exceptions as per the facts of the case.

So, when the accused objects to the admissibility of prosecution evidence on the ground that he has not given evidence of his good character, his objection shall be allowed and prosecution shall be prevented from producing any evidence related to the bad character of the accused unless falling under the exceptions to section 54, Indian Evidence Act.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X