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Report No. 43

7.51. General rule as to evidence of bad character modified.-

It is well-established in England1 as well as in India2, that (subject to certain exceptions not relevant for the present purpose), evidence of bad character of the accused cannot be given. The provision in section 3(2) is in the nature of an exception to that rule. The exception has, apparently, been considered necessary in view of the nature of the offence, and the difficulty of securing direct evidence of purpose.

1. R. v. Butter Wasser, (1947) 2 All ER 415 (CCA).

2. Section 54, Evidence Act.

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