Section 46 BSA 2023: Character to Prove Conduct in Civil Cases

Section 46 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the relevance of character evidence in civil cases. As a general rule, a person's character cannot be used merely to make it more or less probable that the person acted in the manner alleged. Character may, however, emerge from other facts that are independently relevant to the dispute.

Text of Section 46 - Bharatiya Sakshya Adhiniyam, 2023

46. 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.

What Section 46 means

The section creates a rule of relevance for civil proceedings. A party ordinarily cannot prove that another person has a good or bad character simply to argue that the person was therefore likely, or unlikely, to have committed the conduct alleged in the case.

The important qualification is the final part of the provision: character may be considered to the extent that it appears from facts that are otherwise relevant. In other words, Section 46 does not make an independently relevant fact inadmissible merely because that fact may incidentally reflect on a person's character.

Key points under Section 46 BSA

The provision applies to civil cases.
Character evidence is generally irrelevant when offered only to prove or disprove alleged conduct.
The rule concerns character as circumstantial proof of conduct, not every fact that may incidentally affect a person's reputation or character.
If a fact is otherwise relevant under the BSA, it does not become irrelevant merely because it also reveals something about character.
The court must therefore first examine whether the underlying fact is independently relevant to an issue or relevant fact in the proceeding.

Why the rule matters in civil litigation

Civil disputes should ordinarily be decided on facts connected with the rights, obligations, transactions and events actually in issue. Section 46 limits attempts to distract the court with broad claims about a person's general character when those claims do not independently prove a legally relevant fact.

Practical point: Section 46 is a rule about relevance. Whether particular material is admissible may also depend on other provisions of the Bharatiya Sakshya Adhiniyam, 2023 and on the nature of the fact in issue in the specific proceeding.

Commencement of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It received Presidential assent on 25 December 2023 and came into force on 1 July 2024 under the Central Government notification issued on 23 February 2024.

Official legal sources

For the authoritative statutory text and commencement notification, refer to the official Government of India sources below.

India Code - Bharatiya Sakshya Adhiniyam, 2023 Ministry of Home Affairs - New Criminal Laws MHA - Commencement Notification

Related provisions

Section 46 appears under the BSA grouping dealing with when character is relevant. The immediately following provisions address previous good character in criminal cases, character or previous sexual experience in certain cases, previous bad character, and character as affecting damages.