Evidence Act 53A vs BSA 48: Evidence of character or previous sexual experience not relevant in certain cases
Section 53A of the Indian Evidence Act is now section 48 of the Bharatiya Sakshya Adhiniyam, in force from 1 July 2024. 36% of the old wording is kept; 127 words removed and 17 words added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
Evidence Act section 53AEvidence of character or previous sexual experience not relevant in certain cases
In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, 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 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
BSA section 48Evidence of character or previous sexual experience not relevant in certain cases
In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 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.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.