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 Abdul Alim Mondal

Advocate Abdul Alim Mondal

Civil, Muslim Law, Property, Tax, Revenue

Get Advice
Advocate Kapil Mehra

Advocate Kapil Mehra

Cheque Bounce, Divorce, Cyber Crime, Family, Domestic Violence, Banking & Finance

Get Advice
Advocate Vinay Ansurkar

Advocate Vinay Ansurkar

Customs & Central Excise, High Court, RERA, Supreme Court, Arbitration

Get Advice
Advocate Pradeep Rajpurohit

Advocate Pradeep Rajpurohit

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Family, High Court

Get Advice
Advocate Nakul Sharma

Advocate Nakul Sharma

Anticipatory Bail, Court Marriage, Criminal, Divorce, Family

Get Advice
Advocate Akshay Thakur

Advocate Akshay Thakur

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,Labour & Service,Motor Accident,Wills Trusts,Revenue

Get Advice
Advocate Piyush Singh

Advocate Piyush Singh

Revenue, Wills Trusts, Trademark & Copyright, Supreme Court, Civil, Cyber Crime, Divorce, Family, High Court, Immigration, Insurance, Media and Entertainment, Patent, Property, Startup, RERA, Recovery, Criminal

Get Advice
Advocate Ankit Chourasia

Advocate Ankit Chourasia

Criminal, Civil, Anticipatory Bail, Family, Muslim Law, Divorce, Cheque Bounce

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.