Code: Section 47 – Bharatiya Sakshya Adhiniyam (BSA)
In criminal proceedings the fact that the person accused is of a good character, is
relevant.
Explanation of Section 47 – BSA
Section 47 of the Bharatiya Sakshya Adhiniyam (BSA) addresses the admissibility of evidence regarding the accused’s character in criminal cases. Specifically, it allows the accused to present their previous good character as a relevant factor in the proceedings. This can potentially influence the outcome of the case by highlighting the accused’s history of good conduct, which could be considered in their defense, especially in cases where the crime committed may seem contrary to their general behavior.
The importance of good character as evidence reflects the principle that a person’s past behavior can be an indicator of their propensity for criminal conduct or lack thereof. Thus, a person with a historically good character may be viewed more favorably when trying to determine whether they committed the offense they are accused of.
Illustration
Example 1: Character Evidence in Court
In a case where an individual is accused of theft, their lawyer may present evidence of the accused’s past good character—such as testimonials from their community, work history, or personal relationships. This evidence could influence the Court’s assessment, especially if the accused has no prior history of criminal activity.
Example 2: Good Character and Leniency in Sentencing
An individual with no previous criminal record and a history of good character may be given a lesser sentence in a criminal case. In such instances, the Court may take their good character into account, as provided under Section 47 of the BSA, when determining an appropriate penalty.
Common Questions and Answers on Section 47 – BSA
1. Is the accused’s previous good character always admissible in court?
- Answer: Yes, Section 47 specifically allows the presentation of the accused’s good character as relevant evidence in criminal proceedings.
2. How does the Court consider good character in a criminal trial?
- Answer: The Court may use the evidence of good character to assess the likelihood that the accused committed the offense. A history of good conduct could help cast doubt on the person’s involvement in the alleged crime.
3. Can good character affect the severity of the punishment?
- Answer: Yes, the Court may consider the accused’s good character when determining the sentence. If the accused has a clean record and good character, they may receive a more lenient sentence.
Conclusion
Section 47 of the Bharatiya Sakshya Adhiniyam (BSA) underscores the relevance of an accused person’s good character in criminal proceedings. It recognizes that a person’s previous conduct and reputation can be an important consideration, potentially impacting both the determination of guilt and the severity of punishment.
