Evidence Act · Chapter II · Of the relevancy of facts

Evidence Act section 53A in the BSA

Evidence Act 53ABSA 48

Evidence Act section 53A, “Evidence of character or previous sexual experience not relevant in certain cases”, is now BSA section 48 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 53A to BSA 48

Now BSA section 48, with the same rule; the offences are now listed by BNS sections.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 53A Evidence of character or previous sexual experience not relevant in certain cases

In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860) 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.

Bharatiya 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).