Character as affecting damages
Section 50 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 50, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 55 Character as affecting damages Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kirloskar Proprietary LTD vs Sardesai Auto Parts PVT LTD
Decided under Indian Evidence Act 55, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In a passing-off suit where the cause of action is the unauthorized use of a company's reputation and goodwill, witness testimony regarding the company's reputation, experiences, and market recognition can be admitted as evidence during examination-in-chief even if the specific instances and experiences are not explicitly pleaded in the original plaint. This is because the material facts to be pleaded in a passing-off suit are facts relating to the use by the respondent, not the individual experiences establishing reputation. Sections 52-55 of the Indian Evidence Act, which restrict evidence of particular acts establishing reputation, apply only to suits where damage to reputation is the cause of action, not to passing-off suits.
On this section: Cited regarding character as affecting damages; court held that evidence of general reputation and disposition, not particular acts, is admissible; however, distinguished application in passing-off suits where cause of action is use of reputation, not damage to reputation
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 50
What have the courts held on Section 50 of the Bharatiya Sakshya Adhiniyam?
Kirloskar Proprietary LTD vs Sardesai Auto Parts PVT LTD (05 Aug 2014) is the leading judgment on this section among those set out below, though it was decided under IEA 55, which this section replaced -- the court never mentioned this Act: Cited regarding character as affecting damages; court held that evidence of general reputation and disposition, not particular acts, is admissible; however, distinguished application in passing-off suits where cause of action is use of reputation, not damage to reputation.
How do I find court cases under Section 50 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 50, section 50 BSA, section 50 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 50 miler award. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kirloskar Proprietary LTD vs Sardesai Auto Parts PVT LTD (05 Aug 2014).
What should I read with Section 50 of the Bharatiya Sakshya Adhiniyam, and has it changed?
Its own text turns on section 46 (In civil cases character to prove conduct imputed, irrelevant), section 47 (In criminal cases previous good character relevant), section 49 (Previous bad character not relevant, except in reply), so none of them can safely be read on its own. It carries forward IEA 55 (Character as affecting damages), so the judgments decided under that provision are the case law on this one.
When did Section 50 of the Bharatiya Sakshya Adhiniyam come into force?
Section 50 of the Bharatiya Sakshya Adhiniyam, cited as BSA 50, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.