Section 50 BSA 2023: Character as Affecting Damages
Section 50 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the relevance of a person's character when a civil court determines the amount of damages that person ought to receive.
Text of Section 50 - Character as affecting damages
50. 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 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.
What Section 50 means
Section 50 applies in civil cases where damages are claimed. It makes a person's character relevant only when that character can legitimately affect the amount of damages payable. The provision does not make character generally relevant to every issue in a civil dispute.
The Explanation defines "character" for this provision, and also for sections 46, 47 and 49, as including both reputation and disposition. As a general rule, proof is confined to general reputation or general disposition rather than specific past acts. Section 49 contains the stated exception.
Key points under Section 50
- Nature of proceeding: The section expressly applies to civil cases.
- Purpose: Character becomes relevant where it may affect the quantum of damages.
- Meaning of character: The statutory explanation includes reputation and disposition.
- Method of proof: Ordinarily, evidence concerns general reputation or general disposition, not particular acts.
- Related provisions: The Explanation also refers to sections 46, 47 and 49 of the BSA.
Relationship with nearby BSA provisions
Sections 46 to 50 form a group of provisions dealing with character evidence in different contexts. Section 46 addresses character evidence in civil cases when used to prove conduct imputed; sections 47 to 49 concern specified aspects of character evidence in criminal cases; and section 50 addresses the narrower question of character when assessing damages in civil proceedings.
Commencement and official source
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.
Related sections
For context, readers may also refer to Section 46 - In civil cases character to prove conduct imputed, irrelevant, Section 47 - Previous good character relevant, Section 48 - Evidence of character or previous sexual experience not relevant in certain cases, and Section 49 - Previous bad character not relevant, except in reply.