Bharatiya Sakshya Adhiniyam, 2023
BSA Section 48
Evidence of character or previous sexual experience not relevant in certain cases
In one line
BSA Section 48 deals with evidence of character or previous sexual experience not relevant in certain cases and replaces Evidence Act 53A.
Bare act text — BSA 48
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.
Frequently asked
What was BSA Section 48 in the Evidence Act?
BSA Section 48 (Evidence of character or previous sexual experience not relevant in certain cases) replaces Section 53A of the Indian Evidence Act, 1872. Evidence Act 53A is now BSA 48.
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Nearby BSA sections
- BSA 43 — Opinion as to usages, tenets, etc., when relevant
- BSA 44 — Opinion on relationship, when relevant
- BSA 45 — Grounds of opinion, when relevant
- BSA 46 — In civil cases character to prove conduct imputed, irrelevant
- BSA 47 — In criminal cases previous good character relevant
- BSA 49 — Previous bad character not relevant, except in reply
- BSA 50 — Character as affecting damages
- BSA 51 — Fact judicially noticeable need not be proved
- BSA 52 — Facts of which Court shall take judicial notice
- BSA 53 — Facts admitted need not be proved