The admissibility of evidence regarding an accused's bad character is restricted unless the accused presents evidence of good character, as stated in Section 54 of the Indian Evidence Act.

J U D G M E N T

(Dated this the 31st day of January, 2026)

The petitioner is the sole accused in C.C No.308 of 2022 of Judicial First Class Magistrate Court-IX, Palakkad, arising out of Crime No.233 of 2022 of Palarivattom Police Station. He filed this O.P.(Crl.) praying for an order removing Cws3 to 5 from the list of witnesses in the above case.

2. The petitioner stands charge sheeted for the offences punishable under Sections 354, 354A(1)(i) and 354A(2) of the IPC.. According to the learned counsel for the petitioner, CWs 3 to 5 cited in this case are the victims in three other crimes i.e., Crime Nos.271, 232 and 245 of 2022 of Palarivattom Police Station, in which also the petitioner is the accused. According to the learned counsel, the prosecution cited those witnesses in order to prove the bad character of the petitioner, which is not permissible under law.

3. The petition was strongly opposed by the learned Public Prosecutor.

4. The prosecution case is that, when the de facto complainant went to the shop of the petitioner for getting tattoo, the accused allegedly sexually abused her. It is revealed that in the cases in which CWs3 to 5 are the victims also similar allegations are raised against the petitioner herein. Therefore, the prosecution has no case that CWs 3 to 5 were witnesses to the incident involved in this case.

5. In the above circumstances, it is evident that CWs 3 to 5 were cited in the present case only to prove the bad character of the petitioner.

6. Section 54 of the Indian Evidence Act reads as follows:-

“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.”

7. From the above provisions, it is clear that the prosecution cannot adduce evidence about the bad character of an accused unless the accused adduce evidence to prove that he is of good character.

In the above circumstance, this O.P.(Crl.) is disposed of with a direction to the learned Magistrate not to permit the prosecution to examine CWs 3 to 5, unless evidence has been given by the petitioner that he has a good character.

Sd/-