IEA 55 to BSA 50: Character as affecting damages
Section 55 IEA (1872) replaced by Section 50 BSA (2023)
IEA 55 to BSA 50 at a Glance
Section 55 IEA (Character as affecting damages) is now Section 50 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 55 to BSA 50?
Section 55 of the Indian Evidence Act, 1872 became Section 50 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The Explanation now refers to "this section and" the BSA section numbers, with small wording edits.
IEA 55 vs BSA 50: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 55 | 50 |
| Heading | Character as affecting damages | Same |
| Cross-references | s.52, s.53, s.54 | s.46, s.47, s.49 |
IEA 55 and BSA 50: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 55, IEA 1872
55. Character as affecting damages.—In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant.
Explanation.—In sections 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but, except as provided in section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.
BSA 2023 (in force)
Section 50, BSA 2023
50. Character as affecting damages.—In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant.
Explanation.—In this section and sections 46, 47 and 49, the word “character” includes both reputation and disposition; but, except as provided in section 49, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition has been shown.
When It Applies: IEA 55 vs BSA 50
Under IEA 55
- The proceeding before the court must be a civil case.
- A person's character can be proved if it changes the damages that the person ought to receive.
- Character covers a person's reputation as well as disposition, and proof is restricted to general reputation and to general disposition.
Under BSA 50
- The proceeding before the court must be a civil case.
- A person's character can be proved if it changes the damages that the person ought to receive.
- Character covers a person's reputation as well as disposition, and proof is restricted to general reputation and to general disposition.
What IEA 55 to BSA 50 Means in Practice
The same rule on character affecting the amount of damages in civil cases applies without any substantive change, and parties should cite Section 50 BSA for matters governed by the BSA. The Explanation was updated only to refer to the corresponding BSA sections and to replace the word were with the words has been.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·