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

Indian Evidence Act, 1872

Section 52 IEA at a Glance

Section 52 IEA deals with in civil cases character to prove conduct imputed, irrelevant. From 1 July 2024 it is replaced by Section 46 BSA.

Now BSA

Section 46 →

Section 52 IEA Bare Act Text

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.

Source: Section 52, Indian Evidence Act, 1872

Section 52 IEA in Simple Words

Section 52 of the Indian Evidence Act, 1872 dealt with character evidence in civil cases. A party could not use character to show that conduct imputed (attributed to a concerned person) was probable or improbable.

Under Section 52 IEA, whether the character of a concerned person made alleged conduct seem likely or unlikely was irrelevant. A civil court examined the dispute through relevant facts rather than through character.

The Act contained an exception to this rule. Character remained open to consideration to the extent that the character appeared from other facts that were relevant in the case.

When Section 52 IEA Applies

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.

Example of Section 52 IEA

In 2021, during a civil suit in a Mumbai court over alleged damage to a shop, Ramesh tried to prove that Anita had a bad character to make the alleged conduct seem probable. Anita objected to the character evidence in the civil suit. Under Section 52 IEA, in civil cases the character of a concerned person was irrelevant to make attributed conduct seem probable or improbable. Therefore, the Mumbai court treated the character evidence offered to make the alleged conduct seem probable as irrelevant.

When Section 52 IEA Does Not Apply

The rule did not exclude character to the extent that the character appeared from other facts that were relevant in the civil case.

Section 52 IEA in the BSA

Section 52 IEA is now covered under Section 46 BSA.

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.

View detailed comparison (IEA 52 vs BSA 46) →

FAQs on Section 52 IEA

What is Section 52 IEA?▼

Section 52 of the Indian Evidence Act, 1872 stated that in civil cases, the character of a concerned person was irrelevant to show that attributed conduct was probable or improbable. An exception applied when that character appeared from other relevant facts.

Could a party in a civil case use character to show that alleged conduct was unlikely under Section 52 IEA?▼

No. Section 52 IEA made the character of a concerned person irrelevant whether offered to show that attributed conduct was probable or improbable.

Did Section 52 IEA allow character to be considered when it appeared from other relevant facts?▼

Yes. Under Section 52 IEA, character was irrelevant to prove attributed conduct except to the extent that such character appeared from facts that were otherwise relevant.

What is Section 52 IEA in BSA?▼

Section 46 BSA. Section 52 IEA became Section 46 BSA 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, Indian Evidence Act, 1872 ·