LAW OF EVIDENCE 595
Two things are to be noted.
1. What is included in the term character ?
Sec. 55.
The word Character includes both reputation and disposition. This is a departure from English law under which character is confined to reputation only.
There is a distinction between reputation and disposition. Reputation means what is thought of a person by others, and is constituted by public opinion. It is the general credit which a man has obtained in that opinion.
Disposition comprehends the springs and motives of action, is permanent and settled and has regard to the whole frame and texture of the mind.
2. How to prove Character ?
There are two ways of proving the character of a man. One way is to give evidence of general reputation and general disposition. The other way is to give evidence of particular acts which may then become the basis of inference for reputation and disposition.
55 Expl.
The Evidence Act permits evidence to be given only of general reputation and general disposition.
55 Expl.
There is only one exception to this under which evidence of previous conviction may be given as evidence of bad character.
Sec. 45-51.
ยง Proof of opinions.
The use of witnesses is to inform the Court of the facts of the case. It is the duty of the Court to form its own opinion.
To show what the witness thought or believed would be objectionable on two grounds (I) It can show nothing at all and (2) it would be entrenching upon the province of the Judge.