‘A’ is prosecuted for the murder of ‘B’. The prosecution adduces evidence regarding ‘A’ of his previous bad character. The evidence:
Question and options
‘A’ is prosecuted for the murder of ‘B’. The prosecution adduces evidence regarding ‘A’ of his previous bad character. The evidence:
- is admissible against ‘A’
- is not admissible against ‘A’
- is relevant and admissible against ‘A’
- is not relevant but admissible against ‘A’
Answer and explanation
Correct answer: B - is not admissible against ‘A’
Under Section 49 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA; formerly Section 54 of the Indian Evidence Act, 1872), in criminal proceedings the fact that the accused has a bad character is irrelevant unless he has first given evidence of good character. So the prosecution's evidence of A's previous bad character is not admissible.
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