Evidence Act · Chapter II · Of the relevancy of facts
Evidence Act section 54, “Previous bad character not relevant, except in reply”, is now BSA section 49 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
Now BSA section 49, with the same rule.
Indian Evidence Act, 1872
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.
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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.
The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).
