Section 53A Evidence Act: Evidence of character or previous sexual experience not...

Section 53A: Evidence of character or previous sexual experience not relevant in certain cases

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

¹[In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, ²[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.]

State Amendment (as printed in the official text)

Arunachal Pradesh

“Amendment of section 53A.—In section 53A of the Indian Evidence Act, 1872 (hereinafter referred to as the principal Act), for the words, figures and letters “section 354, section 354A, section 354A, section 354C, section 354D, section 376, section 376A section 376B, section 376C, section 354A, or section 376E of the Indian Penal Code” the words, figures and letters “section 354, section 354A, section 354B, section 354C, section 354C, section 376, section 376C, section 376AA, section 376B, section 376C, section 376C, section 376DA or section 376E of the Indian Penal Code” shall be substituted.” [Vide Arunachal Pradesh Act 3 of 2019, s. 24]

Footnotes in the official text

1.Ins. by Act 13 of 2013, s. 25 (w.e.f. 3-2-2013).
2.Subs. by Act 22 of 2018, s. 8, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).

Now in the BSA

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

53A. Evidence of character or previous sexual experience not relevant in certain cases.

BSA 48

Questions on this section

1 question in 9 of our papers cite Section 53A. Try these from the free papers:

1. 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: