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BSA · Section 46 · Chapter II — RELEVANCY OF FACTS

In civil cases character to prove conduct imputed, irrelevant.

What this section does

In civil cases, evidence of a person's character is not relevant merely to show that such character makes the conduct alleged more or less probable. Character evidence in civil proceedings is admissible only when it emerges from facts that are otherwise independently relevant.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Character is irrelevant in civil cases to infer probable conduct, unless the character itself appears from otherwise relevant facts.

When it applies

  • In a civil suit for negligence, the defendant's general reputation for carelessness cannot be introduced solely to suggest he probably acted carelessly on the occasion in question.
  • If a party's past conduct is independently relevant (e.g., as part of a course of dealing), character evidence arising from those facts may be admitted.
Old-law correspondence

Derived from IEA s.52.

Read the official text

For the binding statutory text of BSA Section 46, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 46 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.