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Indian Evidence Act, 1872 · Chapter II: Of the Relevancy of Facts · Character when relevant

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

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BSA section 48 (Evidence of character or previous sexual experience not relevant in certain cases)

In plain words

In prosecutions for sexual offences such as outraging modesty, sexual harassment, voyeurism, stalking and rape, 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 its quality.

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 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 amendments to this section

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]

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 (Legislative Department), the text of the Act as it stood before its repeal. 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.

Supreme Court judgments citing the section 53A