Evidence Act · 2014 Revised Edition · Chapter II
54. Previous bad character not relevant except in reply
Official textFrom Attorney General's Chambers, unchanged
In criminal proceedings, the fact that the accused person has a bad character is irrelevant unless evidence has been given that he has a good character, in which case it becomes relevant.
fact
“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
Explanation 1 — This section does not apply to cases in which the bad character of any person is itself a fact in issue.
fact in issue
“fact in issue” means any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows; Illustrations A is accused of the murder of B. At his trial the following facts may be in issue — that A caused B’s death; that A intended to cause B’s death; that A had received grave and sudden provocation from B; that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature.
Explanation 2 — A previous conviction is relevant as evidence of bad character.
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
Terms defined in s 3
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
fact in issue
Defined · s 3“fact in issue” means any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows; Illustrations A is accused of the murder of B. At his trial the following facts may be in issue — that A caused B’s death; that A intended to cause B’s death; that A had received grave and sudden provocation from B; that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature.
Part II
On proof
Chapter III
Chapter IV
Chapter V
Chapter VI
Part III