Previous bad character not relevant, except in reply
AI Assist
Summary
The accused's bad character is normally irrelevant in criminal trials. If the accused gives evidence of his good character, bad character becomes relevant and may be used in reply. When bad character itself is a fact in issue the rule does not apply. A previous conviction is relevant as evidence of bad character.
Example
Ravi is accused of stealing from a shop. He calls neighbours to say he is honest and law abiding. Because Ravi has put forward evidence of his good character, the prosecution may lead evidence of his prior conviction or other bad character in reply.
Bare Act
Enacted textIn 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.
Explanations
(1) This section does not apply to cases in which the bad character of any person is itself a fact in issue.
(2) A previous conviction is relevant as evidence of bad character.
Previous year papers
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