Section 53A IEA: Evidence of character or previous sexual experience not relevant in certain cases
Indian Evidence Act, 1872
Section 53A IEA at a Glance
Section 53A IEA deals with evidence of character or previous sexual experience not relevant in certain cases. From 1 July 2024 it is replaced by Section 48 BSA.
Section 53A IEA Bare Act Text
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.
Source: Section 53A, Indian Evidence Act, 1872
Section 53A IEA in Simple Words
Section 53A of the Indian Evidence Act, 1872 stops a party from using 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), that evidence is not relevant (cannot be taken into account by the court on that question).
The rule applies in a prosecution (a criminal case in court) for an offence listed in the Indian Penal Code (Act 45 of 1860), namely Sections 354, 354A, 354B, 354C, 354D, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E. It also applies when the prosecution is for an attempt to commit any of those listed offences.
When the question of consent has to be decided in such a trial, a party cannot rely on evidence about the character of a victim. Evidence about the previous sexual experience of that victim with any person is also excluded on that question. Under Section 53A IEA, neither kind of evidence is relevant to decide whether there was consent or to judge the quality of that consent.
When Section 53A IEA Applies
- 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.
- 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 53A IEA
Section 53A IEA in the BSA
Section 53A IEA is now covered under Section 48 BSA.
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.
View detailed comparison (IEA 53A vs BSA 48) →FAQs on Section 53A IEA
What is Section 53A IEA?▼
Section 53A of the Indian Evidence Act, 1872 provides that in a prosecution for specified offences under the Indian Penal Code, 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.
Does Section 53A IEA apply when an accused person is tried for an attempt to commit one of the listed offences?▼
Yes. Section 53A IEA applies both to a prosecution for any of the listed Indian Penal Code offences and to a prosecution for an attempt to commit any of those offences, whenever consent is in issue.
Can previous sexual experience of a victim with another person be used to show the quality of consent under Section 53A IEA?▼
No. Under Section 53A IEA, previous sexual experience of a victim with any person is not relevant either on the issue of consent or on the quality of consent.
What is Section 53A IEA in BSA?▼
Section 48 BSA. From 1 July 2024, Section 48 BSA keeps the same rule on character and previous sexual experience, while replacing the 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, Indian Evidence Act, 1872 ·