Section 46 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 46 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the relevance of a person's character in proving conduct imputed to them in civil cases.(
📜 Text of Section 46
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.
🔍 Meaning and Implications
General Rule: In civil litigation, a person's character is generally irrelevant to proving whether they did or did not engage in a specific act or conduct.
Exception: Character may become relevant if it is evidenced through other facts that are themselves admissible in court.
This provision aims to prevent the introduction of character evidence solely to suggest that a person acted in a particular way based on their character, thereby ensuring fairness and focusing on the facts of the case.
⚖️ Legal Significance
Prevents Bias: By excluding character evidence to prove conduct, the law helps prevent prejudicial judgments based on a person's reputation or past behavior.
Focuses on Facts: Encourages the court to base decisions on concrete evidence and facts directly related to the case, rather than on assumptions about a person's character.
Ensures Fairness: Protects individuals from being unfairly judged or penalized based on their character, ensuring that legal proceedings are just and equitable.
📚 Related Sections
Section 47: In criminal cases, previous good character is relevant.(
Section 50: Character as affecting damages in civil cases.
Section 49: Previous bad character not relevant, except in reply.
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