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In a prosecution under section 64 of the Bharatiya Nyaya Sanhita, 2023, consent is in issue. Which…

Section 48 excludes evidence of the victim's character or previous sexual experience on the issue of consent or its quality in the prosecutions it specifies, including a…

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In a prosecution under section 64 of the Bharatiya Nyaya Sanhita, 2023, consent is in issue. Which section of the Bharatiya Sakshya Adhiniyam, 2023 makes the victim's character or previous sexual experience irrelevant to consent or its quality?

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Answer and explanation

Correct answer A

Section 48 excludes evidence of the victim's character or previous sexual experience on the issue of consent or its quality in the prosecutions it specifies, including a prosecution under section 64.

Option feedback

Option A

Section 48 expressly excludes this use of character or previous sexual experience.

Option B

Section 120 creates a presumption concerning absence of consent in specified rape prosecutions when its conditions are met.

Option C

Section 47 concerns the accused person's previous good character in a criminal proceeding.

Option D

Section 125 deals with testimony by a witness unable to communicate verbally.

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