Law4u - Made in India

What Is BSA Section 46?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

Section 46 of the Bhartiya Sakshya Adhiniyam, 2023 states that in civil cases, the character of a person cannot be used to prove or disprove conduct attributed to them. The only exception is when the character is established through other relevant facts.

Question & Answers

Q1: What does Section 46 state about character in civil cases?

A1: It states that the character of a person is irrelevant in proving conduct imputed to them, except when such character is derived from other relevant facts.

Q2: Are there any exceptions to the irrelevance of character in civil cases?

A2: Yes, the exception is when the character is shown through facts that are otherwise relevant.

Example

1. If a person is accused of fraud in a civil case, their past good character cannot be introduced as evidence to suggest they would not commit fraud, unless other relevant facts support this character evidence.

2. A plaintiff claiming damages for breach of contract cannot rely on the defendant's character to prove that the breach was intentional unless there are relevant facts that directly relate to the defendant's character.

Summary

Section 46 emphasizes that character is generally irrelevant in civil cases for proving imputed conduct, limiting its applicability to instances where character is established through relevant facts.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mohammad Irfan Rayeen

Advocate Mohammad Irfan Rayeen

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ettappan

Advocate Ettappan

Criminal, Family, Divorce, Anticipatory Bail, Domestic Violence

Get Advice
Advocate Mukesh Kumar Sharma

Advocate Mukesh Kumar Sharma

Cheque Bounce, Divorce, Documentation, Criminal, Court Marriage, Child Custody, Anticipatory Bail, Bankruptcy & Insolvency, Arbitration, Breach of Contract, Civil, Consumer Court, Family

Get Advice
Advocate Sanjeev Jain

Advocate Sanjeev Jain

Banking & Finance,Cheque Bounce,Civil,Court Marriage,Criminal,Divorce,Family,High Court,Landlord & Tenant,Property,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Mohd Usman Shahid

Advocate Mohd Usman Shahid

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Patent, Property, R.T.I, Tax

Get Advice
Advocate Ikram Hussain

Advocate Ikram Hussain

Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Muslim Law, Succession Certificate

Get Advice
Advocate Sridharan Ganapathysubramanian

Advocate Sridharan Ganapathysubramanian

Consumer Court, Property, Succession Certificate, Landlord & Tenant, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Divorce, Documentation, Family, Insurance, Medical Negligence, Recovery, Wills Trusts, Revenue

Get Advice
Advocate Surendra A

Advocate Surendra A

Civil, RERA, Revenue, Cheque Bounce, Documentation

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.