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

Summary

In a trial for certain serious sexual offences, if the question of whether the victim consented is being considered, the court cannot take into account the victim’s general character or any past sexual experiences they may have had with anyone. This means that such information is not allowed as evidence to decide whether the victim consented or how valid that consent was.

Official Text

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 consent1.

1 Criminal Law (Amendment) Act, 2018

Old <-> New Code Mapping

• BSA §48 — Evidence of character or previous sexual experience not relevant in certain cases