106. Evidence in proceedings under section 110, Criminal Procedure Code. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). - (a) In cases under section 110 of the Code of Criminal Procedure, 1898, evidence of general repute must form the main basis of the prosecutions. Under sub-section (4) of section 117 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 evidences 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,(iii)that they should be free from any suspicion of grudge against the accused. In particular, if party faction exists, it must be made clear that the evidence against the accused is not due to the party 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 being that the person who so associates is himself a bad character, and proof of association is necessary to justify more persons than persons than one being tried together under sub-section (5) of section 117 of the Code of Criminal Procedure, 1898.Equally important also is the inference to be drawn from crimes occurring at or near places visited by the accused and coincident with such visits, vide sub-section (2) of section 11 of the Indian Evidence Act, 1872 (I of 1872).(e)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 Police Prosecutor of (a) the evidence available against each accused, and (b) the evidence to be given by each of the main witnesses. The 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.
