Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 46: 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.
Brefe Detail
Section 46 of the Bhartiya Sakshya Adhiniyam, 2023 states that in civil cases, the character of a person cannot be used to prove or disprove conduct attributed to them. The only exception is when the character is established through other relevant facts.
Question & Answers
Q1: What does Section 46 state about character in civil cases?
A1: It states that the character of a person is irrelevant in proving conduct imputed to them, except when such character is derived from other relevant facts.
Q2: Are there any exceptions to the irrelevance of character in civil cases?
A2: Yes, the exception is when the character is shown through facts that are otherwise relevant.
Example
1. If a person is accused of fraud in a civil case, their past good character cannot be introduced as evidence to suggest they would not commit fraud, unless other relevant facts support this character evidence.
2. A plaintiff claiming damages for breach of contract cannot rely on the defendant's character to prove that the breach was intentional unless there are relevant facts that directly relate to the defendant's character.
Summary
Section 46 emphasizes that character is generally irrelevant in civil cases for proving imputed conduct, limiting its applicability to instances where character is established through relevant facts.
