Previous bad character not relevant, except in reply.
What this section does
In criminal proceedings, evidence of the accused's bad character is generally irrelevant. It becomes relevant only if the accused has first put his good character in issue. A previous conviction is expressly stated to be relevant as evidence of bad character. The section does not apply where bad character is itself a fact in issue.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Bad character of the accused is irrelevant in criminal proceedings unless the accused has raised good character, or bad character is itself a fact in issue; a previous conviction is relevant as evidence of bad character.
When it applies
- If the accused leads evidence of his good character, the prosecution may then introduce evidence of his prior convictions or bad reputation in rebuttal.
- Where the charge itself involves habitual conduct (e.g., being a habitual offender), bad character is a fact in issue and is directly relevant.
Derived from IEA s.54.
Read the official text
For the binding statutory text of BSA Section 49, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 49 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.