Which of the following Sections of the Bharatiya Sakshya Adhiniyam, 2023 exclude evidence or…
Section 48 (formerly Section 53A of the Indian Evidence Act, 1872) declares that in prosecutions for offences under Sections 64 to 71 or Sections 74 to 78 of the Bharatiya…
Choose your answer
Which of the following Sections of the Bharatiya Sakshya Adhiniyam, 2023 exclude evidence or cross-examination regarding the victim's general immoral character or previous sexual experience with any person on the issue of consent or the quality of consent in prosecutions for specified sexual offences? Select the correct answer with the help of the code given below:
(1) Section 48
(2) Section 125
(3) Section 149
Answer and explanation
Correct answer C
Section 48 (formerly Section 53A of the Indian Evidence Act, 1872) declares that in prosecutions for offences under Sections 64 to 71 or Sections 74 to 78 of the Bharatiya Nyaya Sanhita, 2023 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. Similarly, the proviso to Section 149 (formerly the proviso to Section 146) bars adducing evidence or putting questions in the cross-examination of the victim as to her general immoral character or previous sexual experience for proving consent or the quality of consent. Section 125 (formerly Section 119) concerns a witness unable to communicate verbally. Thus, only (1) and (3) are correct.
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