Evidence of character or previous sexual experience not relevant in certain cases
AI Assist
Summary
When a prosecution for certain sexual offences or an attempt turns on consent, evidence about the victim's character or their previous sexual experience with anyone is not relevant to show consent or its quality. It applies only where consent is the disputed issue. Such material cannot be used to prove whether consent was given or how valid it was.
Example
Priya files a complaint about a sexual offence and the accused argues Priya's past relationships prove she consented. Under this rule, the defence cannot use Priya's character or previous sexual experience to prove consent. The court must decide consent from other direct evidence, not from her past.
Bare Act
Enacted textIn 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.
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