Bharatiya 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. PART III ON PROOF
Why this exists
This provision continues the rule from the old Indian Evidence Act, 1872 (Section 55). The idea is that in civil cases, especially those involving defamation, breach of promise to marry, or personal injury, a person's reputation or disposition can genuinely affect the value of the harm they suffered. For example, a person with a poor reputation might be seen as suffering less reputational harm from a defamatory statement than someone with an excellent reputation. The law allows such character evidence, but restricts it mostly to general reputation and disposition (not specific incidents), to keep trials focused and avoid turning them into character assassination exercises.
Common misconceptions
- Myth: This section lets lawyers bring up any embarrassing past incident about a person to reduce damages.
Fact: The law only allows evidence of general reputation and general disposition, not specific past acts (except as allowed under Section 49).