Bharatiya Sakshya Adhiniyam, 2023 · Chapter II: Relevancy of Facts · Character when relevant
Section 49: Previous bad character not relevant, except in reply
In plain words
In criminal cases, the accused's bad character is irrelevant, unless evidence of their good character has been given, in which case it becomes relevant in reply.
- This does not apply where bad character is itself a fact in issue.
- A previous conviction is relevant as evidence of bad character.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 49
No Supreme Court judgment in our database cites this section yet.