what is BSA Section 50?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

This section addresses the relevance of a person's character in civil cases, particularly how it may influence the amount of damages awarded. It clarifies that character encompasses both reputation and disposition, with specific limitations on the types of evidence that can be presented.

Question & Answers

Q: What does Section 50 of the Bhartiya Sakshya Adhiniyam state?

A: It states that in civil cases, the character of a person can affect the amount of damages they should receive.

Q: What does the term character include according to this section?

A: It includes both reputation and disposition.

Q: Are specific acts of a person relevant under this section?

A: No, only general reputation and general disposition can be considered, not particular acts.

Example

- In a civil lawsuit for defamation, if the plaintiff has a generally good reputation, that reputation can be presented to influence the damages awarded.

- If a person has a history of charitable acts (good character), this may positively affect the damages they claim in a personal injury case.

Summary

Section 50 of the Bhartiya Sakshya Adhiniyam establishes that a person's character can influence damage awards in civil cases, with an emphasis on general reputation and disposition rather than specific actions.