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Bharatiya Sakshya Adhiniyam, 2023 — Section 50: Character as affecting damages

§ SECTION 50 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Character as affecting damages

The last provision of Chapter II. In a civil case, if a person’s character affects the amount of damages he ought to receive, that character is relevant — and the Explanation fixes what “character” means across §§ 46–50.

How to read Section 50

When your character can change the money, the court will hear it.

The rule

In a civil case, character that affects the amount of damages is relevant.

“character” =

Across §§ 46–50, both reputation and disposition.

How to prove it

General reputation / disposition only — not particular acts (except § 49).

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 50 · verbatim

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.

In short: two things. (1) In a civil claim, a person’s character is relevant if it bears on the size of the damages — for example, an already-tarnished reputation may reduce what a defamation plaintiff recovers. (2) The Explanation is a shared dictionary for the character run (§§ 46–50): “character” = reputation + disposition, and you may prove only the general sort, not particular acts — the single exception being § 49, where a previous conviction may be shown.

→ This carries forward IEA 1872 § 55 — and closes Chapter II (Relevancy of Facts).

Glossary

character

For §§ 46–50: both reputation and disposition together.

reputation

What the community thinks of a person.

disposition

A person’s actual nature or tendency — regardless of reputation.

general vs particular

Prove the general reputation/disposition — not particular acts that show it.

damages

The money a claimant is awarded in a civil suit.

except § 49

The one place particular proof (a previous conviction) is allowed.

The picture

Character on the scales — only when it moves the money.

a CIVIL casedamages to be fixedthe person’sCHARACTERreputation + dispositionthe DAMAGESraised or lowered → RELEVANT“character” (§§ 46–50)= reputation + disposition,the general kind⚠ not particular actsprove general reputation only —one exception: § 49 (a conviction)

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleCharacter can move the money — so it is heard

In one lineIn a civil case, if a person’s character affects how much in damages he ought to get, that character is relevant.
1A civil suitdamages have tobe fixed2The person’s characterreputation &disposition3Moves the figureraises or lowersthe damages → relevantin a money claim, the kind of person you are can move the amount
In civil cases,civil cases onlythis rule works in civil cases only (money claims — not criminal trials)…
the fact that the character of any person is such as to affect the amount of damages which he ought to receive,character that affects the DAMAGES…where a person’s character bears on how much in damages he ought to receive…
is relevant.→ relevant…that fact is relevant — the court may hear it to fix the figure.
ExampleIn a defamation suit, a plaintiff whose reputation was already poor may recover less. His character bears on the amount of damages — so evidence of it is relevant.
✗ Not thisThis is about the amount of damages in a civil claim — not about proving who did what (that is § 46, where civil character is generally irrelevant). Character enters here only because it moves the figure.

the explanationWhat “character” means — and how you prove it

In one lineFor §§ 46, 47, 49 and 50, character = reputation + disposition; and (except under § 49) you may prove only the general kind, not particular acts.
“character” meansreputation (what others think)+ disposition (one’s nature)across §§ 46, 47, 49 and 50prove GENERAL onlygeneral reputation & disposition —⚠ not particular actsone carve-out: § 49 (a conviction)“character” = reputation + disposition; prove general reputation/disposition only, not particular acts (except § 49).
Explanation.— In this section and sections 46, 47 and 49, the word “character” includes both reputation and disposition;‘character’ = reputation + dispositionacross §§ 46, 47, 49 and this section, character covers both reputation (what people think of you) and disposition (your actual nature).
but, except as provided in section 49, evidence may be given only of general reputation and general disposition,only GENERAL reputation / dispositionbut (save under § 49) you may prove only general reputation and general disposition…
and not of particular acts by which reputation or disposition has been shown.⚠ NOT particular acts…not particular acts that display them — no parading of individual incidents.
ExampleTo show a person is of bad character you lead evidence of his general reputation in the community — not a list of specific misdeeds. The one exception is § 49, where a previous conviction may be given.
✗ Not thisYou cannot drag in particular incidents to prove character under §§ 46–50 — only general reputation and disposition count. The sole carve-out is § 49 (a previous conviction).

Connected provisions

§ 49

Bad character, except in reply

The one exception the Explanation names — where a previous conviction may be shown.

§§ 46–47

The character run

The Explanation’s definition of “character” governs §§ 46, 47, 49 and 50.

Chapter III · next

Judicial notice (§ 51)

Chapter II closes here; § 51 opens the next chapter.

lineage

IEA 1872, § 55

Carried forward — character as affecting damages.