What is Section 46 BSA?

Section 46 of the Bharatiya Sakshya Adhiniyam, 2023 states that in civil cases, the character of a concerned person is irrelevant to show that attributed conduct is probable or improbable. An exception applies when that character appears from other relevant facts.

Can a party in a civil case use character to show that alleged conduct is unlikely under Section 46 BSA?

No. Section 46 BSA makes the character of a concerned person irrelevant whether offered to show that attributed conduct is probable or improbable.

Does Section 46 BSA allow character to be considered when it appears from other relevant facts?

Yes. Under Section 46 BSA, character is irrelevant to prove attributed conduct except to the extent that such character appears from facts that are otherwise relevant.

What is Section 46 BSA in IEA?

Section 52 IEA. Section 46 BSA replaced Section 52 IEA on 1 July 2024 without any change in wording.

IEA 52 Is Now BSA 46: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	52	46
Heading	In civil cases character to prove conduct imputed, irrelevant	Same

Aspect

IEA 1872 (repealed)

BSA 2023 (in force)

Section

Heading

In civil cases character to prove conduct imputed, irrelevant

Same

IEA 52 and BSA 46: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 52, IEA 1872

52. In civil cases character to prove conduct imputed, irrelevant.—In civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

BSA 2023 (in force)

Section 46, BSA 2023

46. In civil cases character to prove conduct imputed, irrelevant.—In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

When It Applies: IEA 52 vs BSA 46

Under IEA 52

The proceeding before the court was a civil case.
Conduct was attributed to a person concerned in the civil case.
The character of that person was offered to make the attributed conduct seem likely or unlikely, which the law treated as irrelevant.

Under BSA 46

The proceeding before the court is a civil case.
Conduct is attributed to a person concerned in the civil case.
The character of that person is offered to make the attributed conduct seem likely or unlikely, which the law treats as irrelevant.

What IEA 52 to BSA 46 Means in Practice

Section 52 IEA became Section 46 BSA on 1 July 2024 without any change in wording. The same rule applies, and a party should cite Section 46 BSA for matters governed by the Adhiniyam.

IEA 52 to BSA 46: In civil cases character to prove conduct imputed, irrelevant

IEA 52 to BSA 46 at a Glance

What Changed From IEA 52 to BSA 46?

IEA 52 vs BSA 46: Comparison Table

IEA 52 and BSA 46: Bare Act Text Side by Side

When It Applies: IEA 52 vs BSA 46

What IEA 52 to BSA 46 Means in Practice