Section 50 BSA: Character as affecting damages

Bharatiya Sakshya Adhiniyam, 2023

Section 50 BSA at a Glance

Section 50 BSA deals with character as affecting damages. It replaced Section 55 IEA on 1 July 2024.

Was IEA

Section 55 →

Section 50 BSA Bare Act Text

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.

Source: Section 50, Bharatiya Sakshya Adhiniyam, 2023

Section 50 BSA in Simple Words

Section 50 of the Bharatiya Sakshya Adhiniyam, 2023 applies to civil cases involving claims for damages (money claimed as compensation). Under this rule, a person's character is relevant (able to be proved in court) when it affects the amount of damages that the person ought to receive.

The Explanation to Section 50 BSA defines character for Section 50 BSA as well as Sections 46 and 47 BSA and Section 49 BSA. Across these provisions, character means both reputation and disposition (a person's natural tendency or temperament).

A party proving character can give evidence of general reputation and of general disposition only. Witnesses cannot describe particular acts that have shown such reputation or disposition. An exception applies under Section 49 BSA for criminal proceedings where an accused person's bad character becomes relevant, including through a previous conviction.

When Section 50 BSA Applies

  • 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.

Example of Section 50 BSA

In October 2024, Priya files a civil suit in a Jaipur court against Farhan claiming damages. Farhan seeks to lower the compensation that the claimant ought to receive by bringing up Priya's character. Under Section 50 BSA, the court permits evidence of Priya's general reputation and of general disposition because that character affects the compensation claimed. However, that rule prevents Farhan from proving particular acts to show bad character, so the Jaipur court decides the damages Priya receives using only the general character evidence.

When Section 50 BSA Does Not Apply

  • Parties cannot bring evidence of specific or particular acts that have shown a person's reputation or disposition.
  • The limit to general character evidence does not override Section 49 BSA, under which a previous conviction can be proved to show an accused person's bad character in criminal proceedings.

Section 50 BSA in the IEA (Previous Law)

Section 50 BSA replaces Section 55 IEA from the old criminal code.

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.

FAQs on Section 50 BSA

What is Section 50 BSA?▼

Section 50 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that makes a person's character relevant in civil cases when that character affects the damages the person ought to receive. Its Explanation defines character as both reputation and disposition for Section 50 BSA as well as Sections 46 and 47 BSA and Section 49 BSA.

Can a witness describe specific past incidents to prove character under Section 50 BSA?▼

No. Except as provided in Section 49 BSA for criminal proceedings, Section 50 BSA allows proof only of general reputation and of general disposition. Evidence cannot be given of particular acts that have shown such reputation or disposition.

Does character under Section 50 BSA cover a person's disposition as well as reputation?▼

Yes. The Explanation to Section 50 BSA states that the word character includes both a person's reputation and a person's disposition.

What is Section 50 BSA in IEA?▼

Section 55 IEA. Prior to 1 July 2024, the same rule was in Section 55 IEA without any substantive difference. Section 50 BSA updated only the internal section references in the Explanation and made minor wording edits.

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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 ·