S. B. SINHA, C. J.

( 1 ) A novel question as regards the validity of Sections 54 and 155 (4) of the Indian Evidence Act being violative of Article 14 of the Constitution of India has been raised in this application which has been filed by way of public interest litigation. According to the petitioner the character of an accused becomes irrelevant in terms of Section 54 of the evidence Act whereas the same is used against a prosecutrix in terms of sub-section (4) of Section 155 thereof.

( 2 ) IN the aforementioned situation the petitioner has prayed for the following reliefs:"it is, therefore, prayed that this Hon ble court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondent 1 herein to bring in suitable amendment to Sections 54 and 155 (4) of Indian Evidence Act, 1872 and also Section 179 of Criminal procedure Code so as to suit to the women victims insofar as jurisdiction for registration of crimes is concerned and consequently direct the respondents herein to take effective steps in conduction of efficient and speedy trial to try the offenders who commit heinous crimes on Indian women and also in providing speedy justice by quashing the present existing Sections 54 and 155 (4) of the Indian Evidence Act, 1872 and section 179 Cr. PC and pass such other order or orders as are deemed fit and proper in the circumstances of the case. It is further prayed that this Hon ble court may be pleased to direct the 5th respondent herein to immediately stop granting censor certificates to those films which display the hero marrying two women, pending disposal of the above writ petition in the interest of justice. It is also prayed that this Hon ble Court may be pleased to direct the concerned respondents to immediately stop publication of sexy stories, pictures and other pornographic material forthwith in the newspapers and periodicals published in India, pending disposal of the above writ petition and pass such other order or orders as are deemed fit and proper in the circumstances of the case".

( 3 ) THE learned Counsel appearing on behalf of the petitioner inter alia submits that Sections 54 and 155 (4) of the Evidence act are discriminatory in nature and as such the 1st respondent herein must be directed to bring out an amendment in the Indian evidence Act so that the character of a woman upon whom rape or attempt to rape is committed becomes irrelevant. Sections 54 and 155 (4) of the Indian Evidence Act read thus:"54. 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. 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. 755. Impeaching credit of witness : xxxx 4. When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character. Explanation :a witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence".

( 4 ) THE question in the opinion of this court which arises for consideration in this application is of a procedural law and not of a substantive law.

( 5 ) IN terms of criminal jurisprudence followed in India unless otherwise provided for in any statute every person is presumed to be innocent unless convicted. Section 54 of the Evidence Act seeks to put a protection to an accused of being put in the category of a person having bad character except in the circumstances mentioned therein so that even in a ca

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