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Bharatiya Sakshya Adhiniyam, 2023 — Section 47: Good character of the accused, relevant in criminal cases

§ SECTION 47 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

In criminal cases, previous good character is relevant

The mirror of § 46: in a criminal trial the accused’s good character is a relevant fact — it tends to make the crime charged less probable of him, and weighs in his favour.

How to read Section 47

Good character — a point for the accused.

Where

In criminal proceedings only.

What

The accused’s good character is relevant — in his favour.

Weight

A make-weight toward innocence — not a defence that outweighs clear proof.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 47 · verbatim

In criminal proceedings the fact that the person accused is of a good character, is relevant.

In short: the flip of § 46. Where a civil court ignores character, a criminal court lets the accused show his good character — the idea being that a person of upright reputation is less likely to have committed the crime. It is a genuine point in his favour, to be weighed with everything else — not a trump card.

→ This carries forward IEA 1872 § 53 — good character of the accused, relevant in criminal cases.

Glossary

criminal proceedings

A prosecution for an offence — as opposed to a civil suit.

person accused

The defendant in the criminal case — whose good character this section helps.

good character

A settled reputation and disposition for honesty, uprightness, non-violence, etc.

relevant

Admissible — the Court may take the good character into account, in the accused’s favour.

less probable

The reasoning — a person of good character is less likely to have done the act charged.

make-weight, not a shield

Good character is weighed with all the evidence — it does not defeat clear proof of guilt.

The picture

Character in court: the civil rule, flipped for the accused.

§ 46 — CIVIL casea party’s characterIRRELEVANT§ 47 — CRIMINAL casethe accused’s GOOD characterRELEVANT — in his favour(a make-weight, not a shield)

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleGood character helps the accused

In one lineIn a criminal case, the fact that the accused is of good character is relevant — it tends to make the crime less probable of him.
1A criminal chargethe accused standstrial for an offence2He is of good charactera settled reputationfor honesty / uprightness3→ relevant for himit makes the crimeless probable of himthe flip of § 46 — a criminal accused MAY put his good character in
In criminal proceedingsin criminal casesin a criminal trial (not a civil suit)…
the fact that the person accused is of a good character,the accused’s GOOD character…the fact that the accused is of good character…
is relevant.→ relevant (in his favour)…is relevant — it weighs in his favour.
ExampleA is tried for theft. That A has a long-standing reputation for honesty is relevant — it makes it less probable he committed the theft. It is a factor the Court weighs, in his favour.
✗ Not thisIt is the accused’s good character, working for him — the opposite of the civil rule (§ 46). His bad character is generally not relevant against him (save the exceptions of the next section). And good character is a factor to weigh, not an acquittal on its own — strong proof of guilt outweighs it.

why it helpsA make-weight toward innocence

In one lineThe mirror of § 46: in a criminal case the accused’s good character is relevant, because it makes the crime less likely of him.
of GOOD characterthe accusedmakes the crimeLESS probable of himRELEVANT in his favourThe accused’s good character makes the imputed crime less probable of him — relevant in his favour.
good character of the accused is relevantworks FOR the accusedthe accused may lead evidence of his good character to rebut the charge.
it makes the imputed crime less probablehow it helpsit is a make-weight toward innocence — weighed with all the evidence.
contrast § 46 (civil)civil ≠ criminalin civil cases character is irrelevant; here, in the accused’s favour, it is relevant.
ExampleA respected schoolteacher with an unblemished record is charged with cheating. His good character is relevant — the Court may take it into account, though it will not save him against clear proof of guilt.
✗ Not thisGood character is a make-weight, not a shield — it does not outweigh strong direct evidence. And it is the accused’s own good character that helps; his bad character does not come in against him here.

Connected provisions

§ 46

Character in civil cases

§ 46 makes character irrelevant in civil cases; § 47 makes the accused’s good character relevant in criminal cases.

§ 48 · next

Rape shield (character & sexual history)

Next: when the accused’s bad character becomes relevant (in reply, or as a fact in issue).

§ 45

Grounds of opinion

The opinions run just before this character run.

lineage

IEA 1872, § 53

Carried forward — good character of the accused, relevant in criminal cases.