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Evidence Act · Chapter II · Of the relevancy of facts

Evidence Act section 55 in the BSA

Evidence Act 55BSA 50

Evidence Act section 55, “Character as affecting damages”, is now BSA section 50 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 55 to BSA 50

Now BSA section 50, with the same rule.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 55 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.

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.

Bharatiya Sakshya Adhiniyam, 2023

Section 50 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.

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).

Sources

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