Character evidence is completely banned in every kind of court case.

This rule is specific to civil cases. Criminal cases have separate provisions that treat character evidence differently, often allowing more of it.

You can never mention someone's character in a civil case.

The rule allows character to be considered if it naturally appears from facts that are otherwise relevant to the case — it's excluded only when used just to suggest probability of conduct.

Bharatiya 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.§

Why this exists

This rule carries forward Section 52 of the Indian Evidence Act, 1872, into the new Bharatiya Sakshya Adhiniyam, 2023. Civil cases are meant to be decided on the specific facts of the dispute — contracts, transactions, documents, conduct at the relevant time — not on whether someone is generally a 'good' or 'bad' person. Allowing character evidence freely would let trials turn into character attacks or reputation contests, distracting from the real issue and risking unfair bias against a party who may have a bad reputation but did nothing wrong in this instance.

How courts read it

Courts have generally treated this as a narrow exclusionary rule: character evidence is kept out in civil suits unless it emerges naturally from facts already relevant to the case (for example, evidence of a person's habitual dishonesty might come in if it's part of proving a relevant transaction, not just to smear them). Indian courts have consistently distinguished this stricter civil-case rule from the more flexible treatment of character evidence allowed in criminal cases under related provisions.

Common misconceptions

Myth: Character evidence is completely banned in every kind of court case.
Fact: This rule is specific to civil cases. Criminal cases have separate provisions that treat character evidence differently, often allowing more of it.
Myth: You can never mention someone's character in a civil case.
Fact: The rule allows character to be considered if it naturally appears from facts that are otherwise relevant to the case — it's excluded only when used just to suggest probability of conduct.