IEA 53A→BSA 48

IEA 53A to BSA 48: Evidence of character or previous sexual experience not relevant in certain cases

Section 53A IEA (1872) replaced by Section 48 BSA (2023)

View IEA Section 53A →View BSA Section 48 →

IEA 53A to BSA 48 at a Glance

Section 53A IEA (Evidence of character or previous sexual experience not relevant in certain cases) is now Section 48 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 53A to BSA 48?

Section 53A of the Indian Evidence Act, 1872 became Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The IPC sections listed were replaced by BNS sections 64 to 71 and 74 to 78. That list also takes in BNS section 69 (sexual intercourse by deceitful means), which has no IPC counterpart. The rule on character evidence is the same.

IEA 53A vs BSA 48: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section53A48
HeadingEvidence of character or previous sexual experience not relevant in certain casesSame

IEA 53A and BSA 48: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 53A, IEA 1872

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.
BSA 2023 (in force)

Section 48, BSA 2023

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.

When It Applies: IEA 53A vs BSA 48

Under IEA 53A
  1. Applies in a prosecution for an offence under Indian Penal Code Sections 354, 354A, 354B, 354C, 354D, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E, or an attempt to commit one of those offences.
  2. Applies when the question of consent is in dispute before the court in that prosecution.
  3. Makes evidence about the character of a victim, or past sexual experience of that victim with any person, not relevant on consent or on the quality of consent.
Under BSA 48
  1. Applies in a prosecution for an offence under Bharatiya Nyaya Sanhita, 2023 Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77 or 78, or an attempt to commit one of those offences.
  2. Applies when the question of consent is in dispute before the court in that prosecution.
  3. Makes evidence about the character of a victim, or past sexual experience of that victim with any person, not relevant on consent or on the quality of consent.

What IEA 53A to BSA 48 Means in Practice

The rule on character evidence and previous sexual experience is the same, and a person in court should cite Section 48 BSA for matters governed by the Adhiniyam. Section 48 BSA replaces the listed Indian Penal Code sections with Bharatiya Nyaya Sanhita, 2023 Sections 64 to 71 and 74 to 78. That list adds Bharatiya Nyaya Sanhita, 2023 Section 69 (sexual intercourse by deceitful means), which has no counterpart in the Indian Penal Code.

FAQs: IEA 53A to BSA 48

Does Section 48 BSA add any offence that had no counterpart in the Indian Penal Code list under Section 53A IEA?▼

Yes. The list in Section 48 BSA includes Bharatiya Nyaya Sanhita, 2023 Section 69 (sexual intercourse by deceitful means), which has no counterpart in the Indian Penal Code.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·