What is Section 49 BSA?

Section 49 of the Bharatiya Sakshya Adhiniyam, 2023 makes the previous bad character of an accused irrelevant in criminal proceedings. However, bad character becomes relevant in reply if evidence is given of the good character of the accused.

Can the prosecution bring evidence of bad character in reply under Section 49 BSA?

Yes. This is allowed once evidence is given showing the good character of the accused. The previous bad character of the accused then becomes relevant in reply.

Does Section 49 BSA apply when bad character is a fact in issue?

No. Under Explanation 1, Section 49 BSA does not apply when bad character is a main fact in issue.

Is a previous conviction relevant to show bad character under Section 49 BSA?

Yes. Under Explanation 2 to Section 49 BSA, a previous conviction counts as relevant evidence to show bad character.

IEA 54 Is Now BSA 49: What Changed

Q: What is Section 49 BSA in IEA?

Section 54 IEA is the earlier provision corresponding to Section 49 BSA. Section 54 IEA became Section 49 BSA on 1 July 2024 with no substantive change, except that the word person after accused was dropped.

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	54	49
Heading	Previous bad character not relevant, except in reply	Same

IEA 54 and BSA 49: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 54, IEA 1872

54. Previous bad character not relevant, except in reply.—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.

BSA 2023 (in force)

Section 49, BSA 2023

49. Previous bad character not relevant, except in reply.—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.

When It Applies: IEA 54 vs BSA 49

Under IEA 54

The case before the court is a criminal proceeding.
The previous bad character of the accused person is irrelevant on its own.
If evidence is given showing the good character of the accused person, the bad character of that accused person becomes relevant in reply.
When bad character is under consideration, a previous conviction can be proved to show that bad character.

Under BSA 49

The case before the court is a criminal proceeding.
The previous bad character of the accused is irrelevant on its own.
If evidence is given showing the good character of the accused, the bad character of the accused becomes relevant in reply.
When bad character is under consideration, a previous conviction can be proved to show that bad character.

What IEA 54 to BSA 49 Means in Practice

Section 54 IEA became Section 49 BSA on 1 July 2024 with no substantive change, except that the word person after accused was dropped. The same rule applies in criminal proceedings. For matters governed by the BSA, a party should cite Section 49 BSA instead of Section 54 IEA.

IEA 54 to BSA 49: Previous bad character not relevant, except in reply

IEA 54 to BSA 49 at a Glance

What Changed From IEA 54 to BSA 49?

IEA 54 vs BSA 49: Comparison Table

IEA 54 and BSA 49: Bare Act Text Side by Side

When It Applies: IEA 54 vs BSA 49

What IEA 54 to BSA 49 Means in Practice