Question

According to Section 49 of the Bharatiya Sakshya Adhiniyam, 2023, in criminal proceedings, the fact that the accused has a bad character is ____, unless evidence has been given that he has a good character in which case it becomes \underline\hspace2cm.

• A. admissible, not admissible
• B. not admissible, admissible
• C. relevant, irrelevant
• D. irrelevant, relevant

Hint:

In criminal trials, character evidence works like a shield for the accused, not a sword for the prosecution—unless the accused raises it first.

Answer 1

The Correct Option is D

Step 1: General rule regarding character evidence.
Section 49 of the Bharatiya Sakshya Adhiniyam, 2023 governs the admissibility and relevance of character evidence in criminal proceedings.
Step 2: Position of bad character.
As a general rule, the bad character of the accused is irrelevant and cannot be used against him to establish guilt.
Step 3: Exception when good character is pleaded.
If the accused introduces evidence of good character, the prosecution is permitted to rebut it, thereby making bad character relevant.
Step 4: Conclusion.
Therefore, the correct answer is (D) irrelevant, relevant.