Section 49 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 49 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023:
📜 Section 49: Previous Bad Character Not Relevant, Except in Reply
Text of Section 49:
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.
🔍 Meaning and Application
Section 49 addresses the relevance of a person's bad character in criminal proceedings. Generally, the fact that the accused has a bad character is considered irrelevant. However, if evidence has been presented that the accused has a good character, then evidence of bad character becomes relevant to rebut or challenge the evidence of good character.
Key Points:
Bad Character as Irrelevant: In criminal cases, the mere fact that the accused has a bad character cannot be used as evidence against them.
Relevance Upon Introduction of Good Character: If the defense introduces evidence of the accused's good character, the prosecution may then introduce evidence of bad character to counter this claim.
Exceptions: This section does not apply in cases where the bad character of a person is itself a fact in issue. For example, in cases where the charge involves a person's character (such as defamation), evidence of bad character may be directly relevant.
Previous Convictions: A prior conviction is admissible as evidence of bad character, but it must be proven through appropriate legal procedures.(
⚖️ Illustrative Example
Scenario:
A is accused of theft.
A's defense introduces evidence suggesting that he has a good character, such as testimonies from community members attesting to his honesty
In response, the prosecution may introduce evidence of A's previous conviction for a similar offense to challenge the claim of good character.
Application of Section 49:
The prosecution's evidence of A's prior conviction is relevant because the defense has introduced evidence of good character.
Without the introduction of good character evidence by the defense, the prosecution would not be permitted to introduce evidence of bad character.(
🧭 Purpose and Importance
Ensures Fairness: Prevents the accused from being prejudiced by their past character unless they themselves introduce evidence of good character.
Protects the Presumption of Innocence: Upholds the principle that the accused should not be assumed guilty based on their character alone.
Maintains Relevance of Evidence: Ensures that only pertinent evidence is considered in determining the guilt or innocence of the accused.
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