In criminal cases the fact that the person accused is of

Solution

This answer is based on Section 47 of the BSA (which corresponds to Section 53 of the old Indian Evidence Act). 1. The Statutory Provision (Section 47 BSA) The section is titled "In criminal cases previous good character relevant". The text is straightforward: "In criminal proceedings, the fact that the person accused is of a good character , is relevant ." 2. The Logic Behind the Rule

• Presumption of Innocence: In criminal law, the accused is presumed innocent until proven guilty. Evidence of good character supports this presumption. The logic is that a person of high moral character is less likely to commit a crime compared to someone of questionable character.
• Weight of Evidence: While it is a "relevant fact," it is not conclusive . It is a weak form of evidence usually helpful in doubtful cases to tilt the scale in favor of the accused, but it cannot outweigh positive evidence of guilt (e.g., a video of the crime).

• Good Character: Always Relevant (Section 47).
• Bad Character: Generally Irrelevant (Section 49), unless:
1. Evidence has been given that he has a good character (in rebuttal); or
2. The bad character is itself a fact in issue.