Previous bad character not relevant, except in reply
Section 54 of the Indian Evidence Act, 1872 deals with previous bad character not relevant, except in reply. In 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. 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 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.
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.]
Section 54, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 49 Previous bad character not relevant, except in reply 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 The repealed enactment still governs what happened while it was in force.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 in civil cases; distinguished from passing-off suit requirements
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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… Therefore, while it is possible to grant an enhanced sentence, as provided by statute, for a recurrence of the same offence after conviction, the possibility of granting an enhanced sentence where the statute is silent does not arise. Consequently, it must be held that in terms of Section 54 of the Indian Evidence Act the antecedents of a convict are not relevant for the purposes of awarding a sentence, unless the convict gives evidence of his good character. 65. The importance of a conviction as against a pending trial was emphasised in Mohd. Farooq Abdul Gafur v. State of Maharashtra <sup>37</sup> …
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… Although, the learned Judge noted that this Court had subsequently acquitted the appellant no.1, she still expressed her shock that within a span of two years and seven months the present case had been lodged once again. Section 54 of the Indian Evidence Act, 1872 provides that in criminal proceedings the fact that the accused person had a bad character is irrelevant, unless evidence had been given that he has a good character, in which case it becomes relevant. Explanation 2 thereof provides that a previous …
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… Similarly, the observation of the learned ADJ that the appellant has a previous history of committing sexual acts both natural and unnatural and, therefore, must have committed the present offence also is only presumptuous. Section 54 of the Indian Evidence Act,1872 clearly makes the bad character of an accused irrelevant in criminal trial unless and until he tries to be proved his good character. Further had character of an accused would be relevant only for the purpose of getting an enhanced punishment on the appellant. 40. No doubt, it is …
Questions about Section 54
What have the courts held on Section 54 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 in civil cases; distinguished from passing-off suit requirements.
How do I find court cases under Section 54 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 54, section 54 IEA, section 54 of the Indian Evidence Act. 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 54 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 49 (Previous bad character not relevant, except in reply), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 54 of the Indian Evidence Act come into force?
Section 54 of the Indian Evidence Act, cited as IEA 54, 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.