594 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Where the character of the party is in issue, there, proof of facts relating to character is allowed irrespective of the question whether the proceedings are civil or criminal. Sec. 52.
Illus.—
(i) In a Civil Suit the issue is “whether the governess was competent, ladylike and good tempered while in her employer’s service” witnesses can be allowed to assert or to deny her general competency, good manners and temper.
(ii) In a Criminal prosecution for conspiracy to carry on the business of common cheats witnesses can be allowed to assert or to deny the general character of the accused.
When such general character of a party is not in issue, proof of character is not permitted by Law. Sec. 52.
There are two exceptions to this rule under which evidence of character is allowed even the character is not in issue.
(i) In Civil proceedings, proof of facts relating to character is allowed if they affect amount of damages. Sec. 55.
(ii) In Criminal Cases.
(i) Proof of facts showing accused is of good character is always allowed. Sec. 53.
(ii) Proof of facts showing accused is of bad character is not allowed except in the following case :
Where accused has given evidence that he has a good character.
Reasons why this difference is made between civil and criminal proceedings is obvious.
(1) Bad character only creates prejudice against the accussed. It does not prove the case against the accused. It is irrelevant unless the accused makes it a matter of issue by giving evidence of his good character, then of course evidence of bad character may be given.
(2) Good character strengthens the innocence of the accused and ought on humanitarian grounds to be permitted.