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Character of Prosecutrix in Sexual offences - A Word for the Feminist and the Constitutionalist

By S. Sumitra

Published In

Cri LJ 1987

The basic rule of evidence is that a case cannot be proved against a person on the basis of his character or general disposition. While civil cases usually are proved without reference to the mental/psychological facts, criminal cases must be proved with regard to the particular disposition or "mens rea" of the accused in the particular offence. In no case, the general character can be proved before a Court, except so far as is allowed in the Statute itself [Ss. 52-55 of the Indian Evidence Act (Hereafter IEA) in India]. _ However the rule is different in the case of a witness: not only evidence as to .his character may be given, but also he can be cross-examined as to the same. The purpose of proving his character is to impeach his credit or to show that he is an unreliable witness. Hence, the character sought to be proved must have a direct bearing upon his character as to truthfulness. This point gains support from the wording of Ss. 146, 149, 151, 152 and 155 o ....

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