In criminal cases previous good character relevant
Section 53 of the Indian Evidence Act, 1872 deals with in criminal cases previous good character relevant. In criminal proceedings, the fact that the person accused is of a good character, is relevant. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
In criminal proceedings, the fact that the person accused is of a good character, is relevant.
Section 53, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 47 In criminal cases previous good character relevant Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kirloskar Proprietary LTD vs Sardesai Auto Parts PVT LTD
Court's Decision & Legal Precedent
In a passing-off suit where the cause of action is the unauthorized use of a company's reputation and goodwill, witness testimony regarding the company's reputation, experiences, and market recognition can be admitted as evidence during examination-in-chief even if the specific instances and experiences are not explicitly pleaded in the original plaint. This is because the material facts to be pleaded in a passing-off suit are facts relating to the use by the respondent, not the individual experiences establishing reputation. Sections 52-55 of the Indian Evidence Act, which restrict evidence of particular acts establishing reputation, apply only to suits where damage to reputation is the cause of action, not to passing-off suits.
On this section: Cited regarding character evidence; court noted these provisions apply when cause of action is damage to reputation
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The last aspect urged by learned counsel for the appellant was that the IO has referred to the antecedents of the appellant and other accused, which has been erroneously taken into account by the High Court contrary to the statutory provisions of Section 53 of the Indian Evidence Act, 1872. The said provision stipulates that the previous bad character is not relevant except in reply, i.e., unless evidence has been given of a good character in which case it becomes relevant. However, what has happened in the present case is that the part of the testimony of the IO that …
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… The last aspect urged by learned counsel for the appellant was that the IO has referred to the antecedents of the appellant and other accused, which has been erroneously taken into account by the High Court contrary to the statutory provisions of Section 53 of the Indian Evidence Act, 1872. The said provision stipulates that the previous bad character is not relevant except in reply, i.e., unless evidence has been given of a good character in which case it becomes relevant. However, what has happened in the present case is that the part of the testimony of the IO that …
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… The judgement of Toofan Singh (Supra) will not apply in the instant case because it was a case where the Hon"ble Supreme Court held that the confessional statement of an accused to the officers under Section 53 of the Indian Evidence Act will not be admissible as evidence. However, Section 27 serves as a proviso to Section 25 of the Indian Evidence Act and states that the statement can be made admissible, if such statement leads to a discovery of fact. In the present case, the statement of the Petitioner led to the …
Questions about Section 53
What have the courts held on Section 53 of the Indian Evidence Act?
Kirloskar Proprietary LTD vs Sardesai Auto Parts PVT LTD (05 Aug 2014) is the leading judgment on this section among those set out below: Cited regarding character evidence; court noted these provisions apply when cause of action is damage to reputation.
How do I find court cases under Section 53 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 53, section 53 IEA, section 53 of the Indian Evidence Act. People searching for it also type 53a evidence act and evidence act s 53. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kirloskar Proprietary LTD vs Sardesai Auto Parts PVT LTD (05 Aug 2014).
What should I read with Section 53 of the Indian Evidence Act, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 47 (In criminal cases previous good character relevant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 53 of the Indian Evidence Act come into force?
Section 53 of the Indian Evidence Act, cited as IEA 53, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.