​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023Witnesses to Character (Section 145)
​
IntroductionIn criminal trials, courts are often required to assess not only the facts of the case but also the credibility and moral standing of the accused. One way this is done is through character evidence, given by character witnesses.

Section 145 of the Bharatiya Sakshya Adhiniyam, 2023 regulates how such witnesses are examined, cross-examined, and re-examined.

Who Is a Character Witness?
A character witness is a person who:

• Testifies about the general reputation or character of an individual, usually the accused
• Speaks based on:
  • Personal knowledge, or
  • The reputation of the person in the community

Purpose of Character Evidence

• To present a picture of the accused’s moral conduct and reputation
• To assist the court in evaluating:
  • Probability of the accused committing the offence
  • Trustworthiness and credibility

Section 145 – Statutory Rule
Section 145 provides that:
Witnesses to character may be cross-examined and re-examined.
Thus:

• A character witness is treated like any other witness
• His testimony is subject to:
  • Cross-examination by the adverse party
  • Re-examination by the party who called him

Scope and Operation of Section 145

• The section applies whenever:
  • Evidence regarding the character of a person is led
• Once a character witness enters the witness box:
  • His statements can be tested for truth and reliability
  • His knowledge of the accused’s reputation may be scrutinised

Good Character and Bad Character under Indian Law
General Rule

• In India, the bad character of the accused is irrelevant

Exception

• Bad character becomes relevant:
  • When it is itself a fact in issue, or
  • When evidence of good character has first been led by the accused

This principle flows from:

• Section 47 – Evidence of good character
• Section 49 – Evidence of bad character in rebuttal

Interaction of Section 145 with Sections 47 and 49
If Good Character Is Proved (Section 47)

• The accused may produce witnesses to prove his good character
• Once this happens:
  • Character witnesses may be cross-examined under Section 145
  • The prosecution may also:
    • Lead independent evidence of bad character under Section 49

If Good Character Is Not Proved

• Prosecution cannot introduce evidence of bad character
• Character of the accused remains irrelevant

Cross-Examination of Character WitnessDuring cross-examination, the opposing party may:

• Test the witness’s:
  • Knowledge of the accused
  • Basis of opinion
  • Awareness of reputation in the community

Example questions:

• “How long have you known the accused?”
• “Have you heard allegations against him in the community?”

This helps the court assess:

• Whether the witness is credible
• Whether his testimony is reliable or biased

Re-Examination of Character WitnessIn re-examination:

• The party calling the witness may:
  • Clarify doubts raised during cross-examination
  • Restore credibility of the witness

Why Section 145 Is Important

• Prevents blind acceptance of character testimony
• Ensures fairness by allowing:
  • Testing of reputation evidence
• Maintains balance between:
  • Protection of the accused, and
  • Truth-finding by the court

Critical Analysis
Strengths

1. Treats character witnesses like ordinary witnesses
2. Prevents misuse of reputation evidence
3. Allows fair rebuttal when good character is pleaded
4. Maintains procedural balance
5. Assists courts in holistic assessment

Limitations

1. Character evidence remains secondary to direct evidence
2. Risk of prejudice if not carefully handled
3. Requires judicial caution in evaluation

Illustrative Situations

1. Accused produces witness to prove honesty
2. Character witness cross-examined on source of knowledge
3. Prosecution rebuts with bad character evidence
4. Court evaluates weight of character testimony
5. Bad character excluded if good character not pleaded

Conclusion
Section 145 of the Bharatiya Sakshya Adhiniyam, 2023 ensures that witnesses to character are subject to the same standards of scrutiny as other witnesses. While Indian law generally excludes evidence of bad character, it allows the accused to lead evidence of good character and permits the prosecution to rebut it once introduced.

By allowing cross-examination and re-examination of character witnesses, Section 145 safeguards against misuse of reputation evidence and ensures that character testimony assists—rather than misleads—the court in delivering justice.