Bharatiya Sakshya Adhiniyam, 2023 · Section 48

BSA 48: earlier IEA 53A

Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 53A of the Indian Evidence Act, 1872. BSA 48 deals with evidence of character or previous sexual experience not relevant in certain cases. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 48 was IEA 53A.

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

Carried over
77% of the old wording kept
Old · IEA 1872 · Ch. II
s. 53A
Evidence of character or previous sexual experience not relevant in certain cases
In a prosecution for an offence under Section 354, Section 354-A, Section 354-B, Section 354-C, Section 354-D, Section 376, 68[Section 376-A, Section 376-AB, Section 376-B, Section 376-C, Section 376-D, Section 376-DA, Section 376-DB] or Section 376-E 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.]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 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.
Text from India Code

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