Section 49 BSA: Previous bad character not relevant, except in reply
Bharatiya Sakshya Adhiniyam, 2023
Section 49 BSA at a Glance
Section 49 BSA deals with previous bad character not relevant, except in reply. It replaced Section 54 IEA on 1 July 2024.
Section 49 BSA Bare Act Text
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.
Source: Section 49, Bharatiya Sakshya Adhiniyam, 2023
Section 49 BSA in Simple Words
Section 49 of the Bharatiya Sakshya Adhiniyam, 2023 applies to criminal proceedings before a court. It stops a party from relying on the previous bad character of the accused. Under the Adhiniyam, such bad character is irrelevant (not something the court can consider in the case).
An exception applies if evidence is given showing the good character of the accused. In reply to that evidence, the previous bad character of the accused becomes relevant. Under Explanation 2, a previous conviction counts as relevant evidence to show bad character.
Under Explanation 1, Section 49 BSA does not apply if bad character is a fact in issue (a main point in dispute). That holds whenever the court has to decide whether any person has a bad character.
When Section 49 BSA Applies
- 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.
Example of Section 49 BSA
When Section 49 BSA Does Not Apply
- The bar on bad character does not apply once the defence gives evidence showing the good character of the accused.
- Under Explanation 1, Section 49 BSA does not apply when a main point in dispute in the case is whether a person has a bad character.
Section 49 BSA in the IEA (Previous Law)
Section 49 BSA replaces Section 54 IEA from the old criminal code.
Section 54 of the Indian Evidence Act, 1872 became Section 49 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Accused person" reads "accused".
FAQs on Section 49 BSA
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.
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.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·