A is accused of the murder of B by beating him. Under the Bharatiya Sakshya Adhiniyam, 2023, what is…
Under section 49 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 54 of the Indian Evidence Act, 1872), in criminal proceedings the fact that the accused has a bad…
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A is accused of the murder of B by beating him. Under the Bharatiya Sakshya Adhiniyam, 2023, what is not admissible as evidence?
Answer and explanation
Correct answer D
Under section 49 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 54 of the Indian Evidence Act, 1872), in criminal proceedings the fact that the accused has a bad character is irrelevant unless evidence has been given that he has a good character, so the fact that "A is a man of bad character" is not admissible here. What A, B or bystanders said at the time of the beating forms part of the same transaction (section 4, formerly section 6), A's intention is relevant under section 12 (formerly section 14), and marks of the struggle on the ground are relevant under section 5 (formerly section 7).
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