Section 55 IEA: Character as affecting damages

Indian Evidence Act, 1872

Section 55 IEA at a Glance

Section 55 IEA deals with character as affecting damages. From 1 July 2024 it is replaced by Section 50 BSA.

Now BSA

Section 50 →

Section 55 IEA Bare Act Text

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.

Source: Section 55, Indian Evidence Act, 1872

Section 55 IEA in Simple Words

Section 55 of the Indian Evidence Act, 1872 applied to civil cases involving claims for damages (money claimed as compensation). Under this rule, a person's character was relevant (able to be proved in court) when it affected the amount of damages that the person ought to receive.

The Explanation to Section 55 IEA defined character for Sections 52, 53 and 54 IEA as well as Section 55 IEA. Across these provisions, character meant both reputation and disposition (a person's natural tendency or temperament).

A party proving character could give evidence of general reputation and of general disposition only. Witnesses could not describe particular acts that showed such reputation or disposition. An exception applied under Section 54 IEA for criminal proceedings where an accused person's bad character became relevant, including through a previous conviction.

When Section 55 IEA 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 55 IEA

In 2022, Ramesh files a civil suit in a Pune court against Anita claiming damages. Anita seeks to reduce the compensation that the claimant ought to receive by questioning Ramesh's character. Under Section 55 IEA, the court allows evidence of Ramesh's general reputation and of general disposition because that character affects the compensation claimed. However, that rule bars Anita from proving particular acts to show bad character, so the Pune court assesses the damages Ramesh receives using only the general character evidence.

When Section 55 IEA Does Not Apply

  • Parties cannot bring evidence of specific or particular acts that showed a person's reputation or disposition.
  • The limit to general character evidence does not override Section 54 IEA, under which a previous conviction can be proved to show an accused person's bad character in criminal proceedings.

Section 55 IEA in the BSA

Section 55 IEA is now covered under Section 50 BSA.

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.

View detailed comparison (IEA 55 vs BSA 50) →

FAQs on Section 55 IEA

What is Section 55 IEA?▼

Section 55 of the Indian Evidence Act, 1872 is the rule that made a person's character relevant in civil cases when that character affected the damages the person ought to receive. It also defined character as including both reputation and disposition for Sections 52, 53 and 54 IEA as well as Section 55 IEA.

Can a party prove specific past incidents to show character under Section 55 IEA?▼

No. Outside the exception in Section 54 IEA, Section 55 IEA allowed proof only of general reputation and of general disposition. A party could not give evidence of particular acts that showed such reputation or disposition.

Does character under Section 55 IEA mean only a person's public reputation?▼

No. The Explanation to Section 55 IEA stated that the word character included both a person's reputation and a person's disposition.

What is Section 55 IEA in BSA?▼

Section 50 BSA. Section 55 IEA became Section 50 BSA on 1 July 2024 with no substantive change in the rule. The Explanation was updated only to refer to the corresponding BSA section numbers with 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, Indian Evidence Act, 1872 ·