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PART II · CHAPTER II RELEVANCY OF FACTS · Character when relevant

Section 46: In civil cases character to prove conduct imputed, irrelevant

The Bharatiya Sakshya Adhiniyam, 2023

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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 9 of our papers cite Section 46. Try these from the free papers:

  1. 1. Consider the following statements regarding character under the BSA: 1. In civil cases, the fact that the character of a person 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. 2. In criminal proceedings, the fact that the accused has a bad character is irrelevant unless evidence has been given that he has a good character. 3. A previous conviction is not relevant as evidence of bad character. 4. The rule excluding evidence of the bad character of the accused does not apply where the bad character of any person is itself a fact in issue. Which of the statements given above are correct?

Practise questions on Bharatiya Sakshya Adhiniyam