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

Bharatiya Sakshya Adhiniyam, 2023

Section 46 BSA at a Glance

Section 46 BSA deals with in civil cases character to prove conduct imputed, irrelevant. It replaced Section 52 IEA on 1 July 2024.

Was IEA

Section 52 →

Section 46 BSA Bare Act Text

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.

Source: Section 46, Bharatiya Sakshya Adhiniyam, 2023

Section 46 BSA in Simple Words

Section 46 of the Bharatiya Sakshya Adhiniyam, 2023 deals with character evidence in civil cases. A party cannot use character to show that conduct imputed (attributed to a concerned person) is probable or improbable.

Under Section 46 BSA, whether the character of a concerned person makes alleged conduct seem likely or unlikely is irrelevant. A civil court examines the dispute through relevant facts rather than through character.

The Adhiniyam contains an exception to this rule. Character remains open to consideration to the extent that the character appears from other facts that are relevant in the case.

When Section 46 BSA Applies

  • 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.

Example of Section 46 BSA

In September 2024, during a civil suit in a Chennai court over an alleged breach of a supply agreement, Priya tries to prove that Ramesh has an untrustworthy character to make the alleged conduct seem probable. Ramesh objects to the character evidence in the civil suit. Under Section 46 BSA, in civil cases the character of a concerned person is irrelevant to make attributed conduct seem probable or improbable. Therefore, the Chennai court treats the character evidence offered to make the alleged conduct seem probable as irrelevant.

When Section 46 BSA Does Not Apply

  • The rule does not exclude character to the extent that the character appears from other facts that are relevant in the civil case.

Section 46 BSA in the IEA (Previous Law)

Section 46 BSA replaces Section 52 IEA from the old criminal code.

Section 52 of the Indian Evidence Act, 1872 became Section 46 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 46 BSA

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·