In civil cases character to prove conduct imputed, irrelevant
Section 52 of the Indian Evidence Act, 1872 deals with in civil cases character to prove conduct imputed, irrelevant. 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. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 52, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 46 In civil cases character to prove conduct imputed, irrelevant Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
Referred to by 1
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
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 relevancy of character in civil cases; court distinguished its application to reputation damage cases versus passing-off cases
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Learned counsel for the appellant contends that the plaintiff is a man of bad character and he is not on good terms with the members of his family. Section 52 of the Indian Evidence Act provides that in civil cases, a fact pertaining to the character of an individual is not relevant. It lays down the principle that the character of a party as a piece of evidence cannot be used to manifest that conduct attributed to him is not probable or improbable. The reasons behind the …
Questions about Section 52
What have the courts held on Section 52 of the Indian Evidence Act?
Kirloskar Proprietary LTD vs Sardesai Auto Parts PVT LTD (05 Aug 2014) is the leading judgment on this section among those set out below: Cited regarding relevancy of character in civil cases; court distinguished its application to reputation damage cases versus passing-off cases.
How do I find court cases under Section 52 of the Indian Evidence Act?
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: IEA 52, section 52 IEA, section 52 of the Indian Evidence Act. 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 52 of the Indian Evidence Act, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 46 (In civil cases character to prove conduct imputed, irrelevant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 52 of the Indian Evidence Act come into force?
Section 52 of the Indian Evidence Act, cited as IEA 52, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.