Character as affecting damages
Section 55 of the Indian Evidence Act, 1872 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 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 is such as to affect the amount of damages which he ought to receive, is relevant.
Explanation. ––In sections 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but, [except as provided in section 54], evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown. PART II ON PROOF CHAPTER III. –– FACTS WHICH NEED NOT BE PROVED
Section 55, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 50 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 The repealed enactment still governs what happened while it was in force.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
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 55
What have the courts held on Section 55 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 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 55 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 55, section 55 IEA, section 55 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 55 of the Indian Evidence Act, and has it changed?
Its own text turns on section 52 (In civil cases character to prove conduct imputed, irrelevant), section 53 (In criminal cases previous good character relevant), section 54 (Previous bad character not relevant, except in reply), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BSA 50 (Character as affecting damages), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 55 of the Indian Evidence Act come into force?
Section 55 of the Indian Evidence Act, cited as IEA 55, 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.