Section 46 Bharatiya Sakshya Adhiniyam, 2023: In civil cases character to prove conduct imputed, irrelevant

Section 46 of Bharatiya Sakshya Adhiniyam, 2023: In civil cases character to prove conduct imputed, irrelevant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 46

Section 46 establishes that in civil cases, evidence of the character of any person concerned, to prove that conduct imputed to them is probable or improbable, is strictly irrelevant, insulating civil trials from character prejudice.

General Civil Exclusion: A litigant cannot lead evidence that the defendant has a dishonest or quarrelsome disposition to prove breach of contract or fraud.
Issue-Centric Adjudication: Civil liability must be established strictly through documentary and transactional evidence, not moral reputation.
Statutory Exception: Irrelevant except insofar as character appears from facts otherwise relevant (such as defamation suits or mitigation of damages under Section 50).

Key Landmark Precedents:

Scott v. Sampson (1882) 8 QBD 491: The foundational common law authority incorporated into the statute: general reputation in defamation is strictly circumscribed to prevent prejudice.
State of U.P. v. Raj Narain (1975) 4 SCC 428: Affirmed that personal reputation cannot substitute for proof of statutory grounds in election and civil disputes.

Courtroom Practice & Strategic Litigation Guidance:

In civil fraud, summary suits, or specific performance trials, promptly object under Section 46 if opposing counsel attempts to cross-examine your client regarding unrelated police complaints, tax inquiries, or social reputation.