Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 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.
Brefe Detail
Section 48 of the Bhartiya Sakshya Adhiniyam, 2023, specifies that in certain criminal cases, particularly those related to consent, evidence regarding the character or previous sexual experiences of the victim is not relevant. This is aimed at ensuring that the focus remains on the specific circumstances surrounding consent rather than on the victim's past.
Question & Answers
Q: What does Section 48 state about evidence in certain prosecutions?
A: Section 48 states that in prosecutions for specific offences where consent is an issue, evidence of the victim's character or previous sexual experience is not relevant.
Q: Which sections of the Bharatiya Nyaya Sanhita does this apply to?
A: This applies to sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, and 78.
Q: Why is evidence of previous sexual experience excluded in these cases?
A: The evidence is excluded to focus on the issue of consent without prejudice or bias related to the victim's past.
Example
1. In a case where a defendant is accused of sexual assault under section 66, the court will not consider the victim's past sexual relationships or character as part of the evidence regarding consent.
2. If a prosecution is based on section 75 regarding non-consensual acts, the victim's history or reputation cannot be introduced to question their credibility or the quality of consent given.
Summary
Section 48 of the Bhartiya Sakshya Adhiniyam, 2023, protects victims in cases involving consent by disallowing the introduction of evidence related to their character or previous sexual experiences. This provision aims to ensure fair treatment and focus on the specific consent issues relevant to the case.
