Code: Section 50 – Bharatiya Sakshya Adhiniyam (BSA)
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.
Explanation of Section 50 – BSA
Section 50 of the Bharatiya Sakshya Adhiniyam (BSA) deals specifically with civil cases and the relevance of a person’s character when determining the amount of damages they may be entitled to.
In essence, the section allows a person’s character to be considered as a relevant factor that could increase or reduce the amount of compensation awarded. For example, if a person’s reputation is central to their profession or livelihood, then harm to their character could justify higher damages. Conversely, if the person already had a questionable reputation, the damages awarded might be reduced.
The explanation attached to this section clarifies the scope of the term “character.” It includes both:
- Reputation: How others perceive the individual.
- Disposition: The inherent qualities or tendencies of the person.
However, it places a limitation on the kind of evidence that can be introduced. Except as allowed in Section 49 (which pertains to criminal cases), evidence in civil cases should focus only on general reputation or general disposition—not specific incidents or actions.
Illustration
Example 1: Defamation Case
In a defamation suit, a well-respected public speaker sues a newspaper for publishing false allegations. Because their reputation plays a vital role in their profession, their good character may justify a higher amount of damages.
Example 2: Claim for Emotional Harm
A person claims damages for emotional harm after being insulted publicly. The opposing party may present evidence that the claimant already had a negative public image. If supported by evidence of general reputation, this may reduce the amount of damages awarded.
Common Questions and Answers on Section 50 – BSA
Q1. Is character always relevant in civil cases?
No. Character becomes relevant under Section 50 only when it directly influences the amount of damages being claimed or awarded.
Q2. What kind of character evidence is allowed under Section 50?
Only general reputation and general disposition may be admitted as evidence. Specific past acts are not allowed, except as outlined in Section 49 for criminal proceedings.
Q3. How is “character” defined in this context?
According to the explanation, character includes both a person’s reputation in society and their personal disposition or nature.
Q4. Can the court consider bad character to reduce compensation?
Yes. If it is shown that a person’s reputation was already poor, it could lead to a reduction in damages, especially in defamation or similar civil cases.
Conclusion
Section 50 of the Bharatiya Sakshya Adhiniyam (BSA) recognizes that a person’s character can influence the amount of compensation they are entitled to in civil cases. By limiting the scope of evidence to general reputation and disposition, the section ensures that only relevant and fair assessments of character are made. It strikes a balance between protecting a person’s rights and preventing exaggerated or unfair claims.
