Evidence of character or previous sexual experience not relevant in certain cases.
What this section does
In prosecutions for specified sexual offences under the Bharatiya Nyaya Sanhita 2023 where consent is in issue, evidence of the victim's character or previous sexual experience with any person is not relevant on the issue of consent or the quality of consent. This is an absolute exclusionary rule protecting victims in such trials.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Character and prior sexual history of the victim are irrelevant to the question of consent in prosecutions for specified sexual offences.
When it applies
- In a rape trial where consent is disputed, the defence cannot introduce evidence that the complainant had prior consensual sexual relationships with other persons.
- Evidence that the victim had a reputation for promiscuity is inadmissible to suggest she consented to the act alleged.
Practitioner note
The section lists specific BNS 2023 offence sections (64–71, 74–78) replacing the IPC sections previously referenced in s.53A IEA. The rule reflects the legislative policy established post-Mathura case reforms.
Derived from IEA s.53A.
Read the official text
For the binding statutory text of BSA Section 48, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 48 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.