Introduction:
Bharatiya Sakshya Adhiniyam (BSA), like the Indian Evidence Act, 1872 addresses the relevance and admissibility of character evidence in both civil and criminal cases. This article will explain the key provisions of BSA concerning character evidence under Sections 46 to 50 of BSA.
Section 46: Irrelevance of Character in Civil Cases:
Section 46 of BSA explains that in civil cases, the character of any person involved is generally irrelevant when determining the probability of imputed conduct, unless such character is evident from other relevant facts.
For example, if an individual is involved in a civil dispute over a business contract, their reputation for honesty or dishonesty may be irrelevant unless it can be inferred from other relevant facts under Bharatiya Sakshya Adhiniyam, 2023.
Section 47: Relevance of Good Character in Criminal Proceedings:
Section 47 of BSA recognizes the importance of the accused's good character in criminal proceedings. This section allows evidence of good character to be presented as a factor in the accused's favor.
For example, in a theft case, the accused's previous good character can be presented as evidence to argue against the likelihood of them committing the alleged crime.
Section 48: Consent Issues in Sexual Offenses Prosecutions:
Section 48 of BSA specifically pertains to prosecutions related to certain sections of the Bharatiya Nyaya Sanhita, 2023, dealing with sexual offenses. It stipulates that evidence regarding the character or previous sexual experiences of the victim is not relevant to the issue of consent unless the consent itself is in question. For example, In a case involving an offense under Bharatiya Nyaya Sanhita, evidence of the victim's previous sexual experiences may not be relevant to determining consent unless consent is a key issue.
Section 49: Irrelevance of Bad Character in Criminal Proceedings:
Section 49 of BSA establishes that in criminal proceedings, the accused's bad character is generally irrelevant unless evidence has been shown establishing their good character.
However, this provision does not apply when the bad character itself is a fact in issue.
For example, if a person is on trial for robbery, their previous bad character may not be considered unless evidence has been presented first to establish the good character of the accused.
Sections 50: Relevance of Character in Civil Damages:
Section 50 of BSA addresses civil cases and establishes that the character of a person can be relevant when determining the amount of damages they should receive.
FAQs on Character Evidence under Bharatiya Sakshya Adhiniyam (BSA)
Q1: How does Bharatiya Sakshya Adhiniyam (BSA) handle character evidence in civil cases?
A1: BSA, under Section 46, deems the character of individuals in civil cases generally irrelevant when determining imputed conduct probabilities, unless evident from other relevant facts.
Q2: Can you provide an example illustrating the irrelevance of character in a civil case under BSA?
A2: If there's a civil dispute over a business contract, the reputation for honesty or dishonesty of one party may be deemed irrelevant unless inferred from other relevant facts under BSA.
Q3: What significance does the accused's good character hold in criminal proceedings according to BSA?
A3: Section 47 of BSA acknowledges the importance of the accused's good character in criminal proceedings, allowing evidence of good character to be presented in their favor.
Q4: How might evidence of good character be utilized in a criminal case under BSA?
A4: For instance, in a theft case, evidence of the accused's previous good character can be presented to argue against the likelihood of them committing the alleged crime.
Q5: What does BSA state about character evidence in sexual offenses prosecutions?
A5: Section 48 specifies that in sexual offenses prosecutions under certain sections of Bharatiya Nyaya Sanhita, evidence of the victim's character or previous sexual experiences is not relevant to consent unless the consent itself is in question.
Q6: Can you provide an example illustrating the relevance of character evidence in sexual offenses prosecutions under BSA?
A6: In a case under Bharatiya Nyaya Sanhita, evidence of the victim's previous sexual experiences may not be relevant to determining consent unless consent is a key issue.
Q7: How does BSA handle the accused's bad character in criminal proceedings?
A7: Section 49 establishes that the accused's bad character is generally irrelevant in criminal proceedings unless evidence has been introduced first to establish their good character.
Q8: Can you give an example illustrating the relevance of bad character in a criminal trial under BSA?
A8: If a person is on trial for robbery, their previous bad character may not be considered unless evidence has been presented first to establish the good character of the accused.
Q9: In what context does BSA consider character relevant in civil cases?
A9: Section 50 of BSA stipulates that in civil cases, the character of a person becomes relevant when determining the amount of damages they should receive.
Q10: Can you clarify what "character" encompasses in BSA, and what evidence may be presented?
A10: In BSA, "character" includes both reputation and disposition. However, evidence may only be presented regarding general reputation and general disposition, excluding specific acts unless allowed under Section 49.
Character when relevant under BSA (Bharatiya Sakshya Adhiniyam)
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