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CHAPTER II.––OF THE RELEVANCY OF FACTS · CHARACTER WHEN RELEVANT

Section 54: Previous bad character not relevant, except in reply

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

1[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.

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.]

Footnotes in the official text

  1. 1.Subs. by Act 3 of 1891, s. 6 for s. 54 (w.e.f. 13-2-1891).

Now in the BSA

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

54. Previous bad character not relevant, except in reply.BSA 49

Questions on this section

1 question in 7 of our papers cite Section 54. Try these from the free papers:

  1. 1. Consider the following statements regarding character under the BSA: 1. In civil cases, the fact that the character of a person is such as to render probable or improbable any conduct imputed to him is irrelevant, except in so far as such character appears from facts otherwise relevant. 2. 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. 3. A previous conviction is not relevant as evidence of bad character. 4. The rule excluding evidence of the bad character of the accused does not apply where the bad character of any person is itself a fact in issue. Which of the statements given above are correct?

Practise questions on Criminal Law