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PART II · CHAPTER II RELEVANCY OF FACTS · Character when relevant

Section 49: Previous bad character not relevant, except in reply

The Bharatiya Sakshya Adhiniyam, 2023

In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.

Explanation 1.—This section does not apply to cases in which the bad character of any person is itself a fact in issue.

Explanation 2.—A previous conviction is relevant as evidence of bad character.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 3 of our papers cite Section 49.

Practise questions on Bharatiya Sakshya Adhiniyam