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KembaraXtra- Indian Evidence Law - Bharatiya Sakshya Adhniyam -Previous Good Character Relevant in Criminal Cases [Section 47 ]
Statutory Provision
Section 47 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the relevance of character in criminal proceedings. It provides that in criminal cases, the fact that the accused person is of good character is relevant.
This provision allows the accused to produce evidence showing that he is a person of good reputation or good disposition. Such evidence may help the court in determining whether the accused is likely to have committed the offence.
Meaning and Scope
The rule is based on the general understanding of human conduct that a person of good moral character is less likely to commit a crime. Therefore, evidence of good character is considered relevant in criminal trials.
The accused may introduce evidence of general good character to create a presumption that he is unlikely to have committed the offence alleged against him.
However, this type of evidence is only supportive or corroborative in nature. It cannot by itself prove innocence.
Evidentiary Value of Good Character
Evidence of good character is admissible but its evidentiary value is limited.
The weight to be given to evidence of good character ultimately depends on the discretion of the court and the circumstances of each case.
Judicial Interpretation
In Habeeb Mohammad v. State of Hyderabad, the Supreme Court observed that the character of the accused can be relevant in determining his innocence or guilt. Evidence of good character may remove suspicion against the accused and may also be considered by the court while deciding the appropriate punishment.
Conclusion
Section 47 recognizes the importance of character evidence in criminal trials. It allows the accused to rely on his good reputation as a factor indicating that he is unlikely to commit the offence. Nevertheless, such evidence is not decisive and must always be weighed against the other evidence produced in the case. The final determination of its value lies within the judicial discretion of the court.
Statutory Provision
Section 47 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the relevance of character in criminal proceedings. It provides that in criminal cases, the fact that the accused person is of good character is relevant.
This provision allows the accused to produce evidence showing that he is a person of good reputation or good disposition. Such evidence may help the court in determining whether the accused is likely to have committed the offence.
Meaning and Scope
The rule is based on the general understanding of human conduct that a person of good moral character is less likely to commit a crime. Therefore, evidence of good character is considered relevant in criminal trials.
The accused may introduce evidence of general good character to create a presumption that he is unlikely to have committed the offence alleged against him.
However, this type of evidence is only supportive or corroborative in nature. It cannot by itself prove innocence.
Evidentiary Value of Good Character
Evidence of good character is admissible but its evidentiary value is limited.
- It may help the accused in doubtful cases by creating a reasonable doubt regarding his involvement in the offence.
- It may influence the court while determining the punishment or sentence.
- It may support the presumption that the accused is unlikely to commit the alleged act.
The weight to be given to evidence of good character ultimately depends on the discretion of the court and the circumstances of each case.
Judicial Interpretation
In Habeeb Mohammad v. State of Hyderabad, the Supreme Court observed that the character of the accused can be relevant in determining his innocence or guilt. Evidence of good character may remove suspicion against the accused and may also be considered by the court while deciding the appropriate punishment.
Conclusion
Section 47 recognizes the importance of character evidence in criminal trials. It allows the accused to rely on his good reputation as a factor indicating that he is unlikely to commit the offence. Nevertheless, such evidence is not decisive and must always be weighed against the other evidence produced in the case. The final determination of its value lies within the judicial discretion of the court.
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