INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
53A. Evidence of character or previous sexual experience not relevant in certain cases.
48. Evidence of character or previous sexual experience not relevant in certain cases.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
[53A. Evidence 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, 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.]
3
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
48. Evidence 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.
Current law India Code — BSA 2023