290. Evidence in Proceedings under section 110, Criminal Procedure Code. [§ 12, Act V, 1861].
(a)In cases under section 110, Code of Criminal Procedure, evidence of general repute must form the main basis of the prosecution. Under section 117(3) of the Code evidence of general repute is admissible to prove that a person is a habitual offender.(b)The points to bear in mind in connection with evidence of repute are -(i)That the witnesses should themselves be of good repute and in a position to know the reputation of the accused.(ii)That they should be drawn, if possible, from different classes of the community and not only from the village of the accused, but also from neighbouring villages.(iii)That they should be free from any suspicion of grudge against the accused. In particular, if party faction exists in the village, it must be made clear that the evidence against the accused is not due to faction.(iv)That the witnesses should speak of their own belief and not that of other people, and that their belief carries little or no weight unless it is based on some reasonable ground.(c)Evidence of general repute may be corroborated by proof of-(i)Previous convictions.(ii)Want of any known means of livelihood, or manner of living in excess of such means.(iii)Association of the accused with other bad characters.(iv)Absence of the accused from his house, especially at night.(v)Occurrence of crimes at or near the place visited by the accused, coincident with such absence.(d)Evidence as to habitual or casual association with known criminals and bad characters is most important, the inference naturally being that the person who so associates is himself a bad character, and proof of association is necessary to justify more persons than one being tried together under section 117(4), Code of Criminal Procedure. Equally important also is the inference to be drawn from dacoities and other crimes occurring at or near places visited by the accused and coincident with such visits. [Vide section 11(2) of the Indian Evidence Act].(e)A statement in B.P. Form No. 47 shall accompany a report under sections 109 and 110, Code of Criminal Procedure.(f)In the report for proceedings, no more should be stated than it is proposed to endeavour to prove. Before the enquiry is held a note shall be prepared for the use of the Court officer of the evidence obtainable from records and to be given by each witness; and this evidence shall be grouped, so far as circumstances permit, according as it relates to prevalence of crime, suspicion in particular cases, movements under surveillance, association, free living without apparent means of livelihood, general repute, or any other facts it is proposed to prove.(g)In the case of bad-livelihood proceedings against gangs, it is essential that the evidence should not only be generally arranged in the manner described in clause (f), but it should also be clearly stated and briefed as against each individual accused.
