Section 48: Evidence of character or previous sexual experience not relevant in certain cases

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 15 of our papers cite Section 48. Try these from the free papers:

1. 1. Consider the following statements: 1. Section 48 of the BSA, which makes evidence of the character or previous sexual experience of the victim irrelevant on the issue of consent, applies to prosecutions under Sections 64 to 71 and also Sections 74 to 78 of the Bharatiya Nyaya Sanhita, 2023. 2. The proviso to Section 149 of the BSA, which bars questions in the cross-examination of the victim as to general immoral character or previous sexual experience, applies to prosecutions under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023. 3. Each of these provisions also applies to a prosecution for an attempt to commit any of the offences it lists. Which of the statements given above are correct?

   A.1 and 3 onlyB.1 and 2 onlyC.1, 2 and 3D.2 and 3 only
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2. 2. In a prosecution for rape under Section 64 of the Bharatiya Nyaya Sanhita, 2023, the accused pleads that the woman consented. The defence seeks to lead evidence of her general character and of her previous sexual experience with other persons to show that she consented. Under the BSA, this evidence is:

   A.relevant with the prior permission of the CourtB.relevant, as it bears on the probability of consentC.relevant only if the accused has first led evidence of his own good characterD.not relevant on the issue of consent or the quality of consent
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