Which one of the following provisions of the Bharatiya Sakshya Adhiniyam, 2023 contains a proviso…
The proviso to Section 149 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to the proviso to Section 146 of the former Indian Evidence Act, 1872) provides that in a…
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Which one of the following provisions of the Bharatiya Sakshya Adhiniyam, 2023 contains a proviso barring questions in the cross-examination of the victim as to her general immoral character, or as to her previous sexual experience with any person, for proving consent or the quality of consent in prosecutions for specified sexual offences?
Answer and explanation
Correct answer B
The proviso to Section 149 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to the proviso to Section 146 of the former Indian Evidence Act, 1872) provides that in a prosecution for an offence under Section 64, Section 65, Section 66, Section 67, Section 68, Section 69, Section 70 or Section 71 of the Bharatiya Nyaya Sanhita, 2023, or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent. Section 148 deals with cross-examination as to previous statements in writing, Section 150 with when a witness is to be compelled to answer, and Section 151 with the Court's discretion to decide when a question shall be asked.
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