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In a prosecution under section 64 or 74 of the Bharatiya Nyaya Sanhita, 2023, or for an attempt to…

Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 excludes this evidence on the issue of consent or its quality. The rule includes prosecutions under sections 64 and 74 of…

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In a prosecution under section 64 or 74 of the Bharatiya Nyaya Sanhita, 2023, or for an attempt to commit either offence, how does section 48 of the Bharatiya Sakshya Adhiniyam, 2023 treat evidence of the victim's character or previous sexual experience when offered to prove consent or the quality of consent?

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Correct answer B

Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 excludes this evidence on the issue of consent or its quality. The rule includes prosecutions under sections 64 and 74 of the Bharatiya Nyaya Sanhita, 2023 and attempts to commit either offence.

Option feedback

Option A

Section 48 covers previous sexual experience with any person, including the accused, when offered on the issue of consent or its quality.

Option B

Section 48 makes the specified evidence irrelevant to consent or the quality of consent in the listed prosecutions and attempts.

Option C

Disputing consent does not make this evidence relevant to that issue. The exclusion applies where consent is in issue.

Option D

Section 48 expressly includes attempts to commit the listed offences.

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