Section 48 BSA: Evidence of character or previous sexual experience not relevant in certain cases
Bharatiya Sakshya Adhiniyam, 2023
Section 48 BSA at a Glance
Section 48 BSA deals with evidence of character or previous sexual experience not relevant in certain cases. It replaced Section 53A IEA on 1 July 2024.
Section 48 BSA Bare Act Text
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.
Source: Section 48, Bharatiya Sakshya Adhiniyam, 2023
Section 48 BSA in Simple Words
Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 bars the use of evidence about the character or past sexual history of a victim to prove or disprove consent in specified criminal trials. Where consent is in issue (in dispute before the court), the court does not treat such evidence as relevant (something that can be considered to decide the question).
The rule applies in a prosecution (a criminal case in court) for an offence under Bharatiya Nyaya Sanhita, 2023 Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77 or 78. It also applies when the prosecution is for an attempt to commit any of those listed offences.
When the court has to decide a question of consent in one of those cases, evidence about the character of a victim is not relevant. Evidence about the previous sexual experience of that victim with any person is also not relevant. Section 48 BSA excludes both kinds of evidence on the question of consent and on the quality of consent.
When Section 48 BSA Applies
- 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.
- Applies when the question of consent is in dispute before the court in that prosecution.
- 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.
Example of Section 48 BSA
Section 48 BSA in the IEA (Previous Law)
Section 48 BSA replaces Section 53A IEA from the old criminal code.
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.
FAQs on Section 48 BSA
What is Section 48 BSA?▼
Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 provides that in a prosecution for specified offences under the Bharatiya Nyaya Sanhita, 2023, or an attempt to commit them, where consent is in issue, evidence about the character or previous sexual experience of a victim is not relevant on consent or on the quality of consent.
Which offences are covered by Section 48 BSA?▼
Offences under Bharatiya Nyaya Sanhita, 2023 Sections 64, 65, 66, 67, 68, 69, 70, 71, 74, 75, 76, 77 and 78, as well as attempts to commit any of those offences, are covered by Section 48 BSA.
Can evidence about the character of a victim be used to question the quality of consent under Section 48 BSA?▼
No. Section 48 BSA makes evidence about the character of a victim, or previous sexual experience with any person, not relevant both on the issue of consent and on the quality of consent.
What is Section 48 BSA in IEA?▼
Section 53A IEA. Section 48 BSA replaced Section 53A IEA on 1 July 2024 with the same rule on character and previous sexual experience, while replacing the earlier Indian Penal Code section numbers with Bharatiya Nyaya Sanhita, 2023 Sections 64 to 71 and 74 to 78, including Section 69 on sexual intercourse by deceitful means.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·