Bharatiya Sakshya Adhiniyam, 2023 · Chapter II: Relevancy of Facts · Character when relevant
Section 48: Evidence of character or previous sexual experience not relevant in certain cases
In plain words
In prosecutions for rape and other listed sexual offences under the Bharatiya Nyaya Sanhita, 2023, or attempts to commit them, where consent is in issue, evidence of the victim's character or previous sexual experience with anyone is not relevant to consent or the quality of consent.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 48
No Supreme Court judgment in our database cites this section yet.