Section 50 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
📘 Section 50 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Title: Character as Affecting Damages
Text:
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.
🔍 Meaning and Application
Section 50 addresses the relevance of a person's character in determining the amount of damages in civil cases. It allows for the consideration of a person's reputation and disposition when assessing damages. However, the evidence presented must pertain to general reputation and general disposition, not specific acts that demonstrate reputation or disposition.
⚖️ Practical Implications
Civil Cases: In civil litigation, if a person's character is pertinent to the case, evidence of their general reputation or disposition may be introduced to influence the determination of damages.
Limitations on Evidence: Only evidence of general reputation and general disposition is admissible; specific acts demonstrating character are generally not permissible unless specified in other sections, such as Section 49
📚 Related Sections
Section 46: In civil cases, character to prove conduct imputed, irrelevant.
Section 47: In criminal cases, previous good character relevant.
Section 49: Previous bad character not relevant, except in reply.
RELATED Blog
0 comments