Section 52 - 55 of Evidence Act|| Character When Relevant || Indian Evidence Act, 1872 #sec52iea1872
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Attorney General v. Bowman (1791)
Attorney General v. Bowman (1791) The defendant was tried in a penal action, not a criminal prosecution, for keeping false weights and for offering to corrupt an officer. He called a witness to testify that he was a man of good character and conduct.
Scott v. Sampson (1882) It was held that character means reputation. And evidence can be given of general reputation.
Habeeb Mohammad v. State of Hyderabad (1954) It was held that in criminal proceeding a character of a man is often a matter of importance in explaining his conduct and in judging his innocence or criminality.
B. Vasanthi v. Bakthavatchalu (1992) The issue was the custody of a minor child between the parents who took divorce. The wife in this case alleges on husband and husband denied the allegations put by her wife and further alleged the wife. Thus, in this case the character of both the persons becomes relevant as a matter of fact so as to decide that in whose custody the best interest of the minor lies.
Bharpur Singh v. Parshotam Das (2015) In this case, the Court described the scope of sections 52 and 54 of Indian Evidence Act. While deciding the scope of section 52, the court observed that this section refers to a situation where evidence of character is relevant in a civil case. Normally any evidence of character cannot render the probability or improbability of any conduct and is irrelevant in civil cases. If the character is a fact in issue then evidence of character is relevant.
Sardar Sardul Singh Caveshar v. State of Maharasthra (1963) It was observed that section 53 mentions that the good character of the accused is relevant in cases of criminal nature.
Bhagwan Swarooplal Bishan Lal v. State of Maharashtra (1965) Character evidence has been held to be a very weak kind of evidence. It cannot outweigh the positive evidence in regard to the guilt of person. It may be useful in doubtful cases to tilt the balance in favor of the accused.
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Scott v. Sampson (1882) It was held that character means reputation. And evidence can be given of general reputation.
Habeeb Mohammad v. State of Hyderabad (1954) It was held that in criminal proceeding a character of a man is often a matter of importance in explaining his conduct and in judging his innocence or criminality.
B. Vasanthi v. Bakthavatchalu (1992) The issue was the custody of a minor child between the parents who took divorce. The wife in this case alleges on husband and husband denied the allegations put by her wife and further alleged the wife. Thus, in this case the character of both the persons becomes relevant as a matter of fact so as to decide that in whose custody the best interest of the minor lies.
Bharpur Singh v. Parshotam Das (2015) In this case, the Court described the scope of sections 52 and 54 of Indian Evidence Act. While deciding the scope of section 52, the court observed that this section refers to a situation where evidence of character is relevant in a civil case. Normally any evidence of character cannot render the probability or improbability of any conduct and is irrelevant in civil cases. If the character is a fact in issue then evidence of character is relevant.
Sardar Sardul Singh Caveshar v. State of Maharasthra (1963) It was observed that section 53 mentions that the good character of the accused is relevant in cases of criminal nature.
Bhagwan Swarooplal Bishan Lal v. State of Maharashtra (1965) Character evidence has been held to be a very weak kind of evidence. It cannot outweigh the positive evidence in regard to the guilt of person. It may be useful in doubtful cases to tilt the balance in favor of the accused.
For more videos, click on the links:
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Please do not forget to like, comment, subscribe, share and support. It matters to me a lot.
Thank You
With
Best Wishes!
4 سال پیش
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