Previous bad character not relevant, except in reply
AI Assist
Summary
Bad character of the accused is generally irrelevant in a criminal trial unless the accused puts forward evidence of his or her good character; then proof of bad character becomes relevant to rebut it. The rule does not apply where bad character itself is a fact in issue. A previous conviction is admissible as evidence of bad character.
Example
Rohan is accused of shop theft and calls neighbours to testify he is honest. Once Rohan puts his good character in issue, the prosecution may lead evidence of his previous conviction to rebut that claim.
Bare Act
Enacted textIn 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.
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