Sections 54 of the Indian Evidence Act, 1872 prohibits the use of previous bad character evidence except when the convict himself chooses to lead evidence of his good character. The implication of this clearly is that the past adverse conduct of the convict ought not to be taken into consideration for the purposes of determining the quantum of sentence, except in specified circumstances.
60. There are exceptions to this general rule. For example, Section 376-E of the Indian Penal Code provides as follows:
376E. Punishment for repeat offenders.-Whoever has been previously convicted of an offence punishable Under Section 376 or Section 376-A or Section 376AB, or Section 376D or Section 376DA or Section 376DB and is subsequently convicted of an offence punishable under any of the said Sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death.
61. Similarly, Section 16(2) of the Prevention of Food Adulteration Act, 1954 provides as follows:
16. Penalties.-
(1) xxx xxx xxx
(2) If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct. The expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.
62. Finally, it is worthwhile to refer to Section 75 of the Indian Penal Code which provides for enhanced punishment for certain offences under Chapter XII or Chapter XVII of the Indian Penal Code after previous convictions. This Section reads as follows:
75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.-Whoever, having been convicted,-
(a) by a Court in India, of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years.
63. The scope of Section 75 of the Indian Penal Code was discussed in the 42nd Report of the Law Commission of India in the following words:
[This] is an attempt to deal with the problem of habitual offenders and recidivism. Other penal systems also have tried to grapple with this complex problem, but nowhere have the attempts met with marked success, perhaps because the causes of crime are themselves complex. Because the previous sentence has failed both in its object of reforming the offender and in its object of deterring him from crime, the law, as a measure of last resort, concentrates on protecting society from the offender by sending him to jail for a longer term than before.
64. It is worthwhile to note that the three provisions of law quoted above deal with instances where there is a prior conviction and do not deal with the pending trial of a case involving an offence. 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.
IN THE SUPREME COURT OF INDIA
Review Petition (Criminal) Nos. 306-307 of 2013 in Criminal Appeal Nos. 145-146 of 2011
Decided On: 12.12.2018
Rajendra Pralhadrao Wasnik Vs. State of Maharashtra
Hon'ble Judges/Coram:
Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ.
Citation: AIR 2019 SC 1
