Evidence of character or previous sexual experience not relevant in certain cases. 1
AI Assist
Summary
In prosecutions for certain sexual offences where consent is disputed, a victim’s character or past sexual experience with anyone is irrelevant to prove consent or its quality. Such evidence cannot be admitted to show that the victim consented. The rule prevents bringing a complainant’s sexual history or reputation against them on the question of consent.
Example
Priya says a neighbour touched her inappropriately and the defence wants to show she had earlier relationships to argue she consented. The defence cannot introduce Priya’s past sexual experience or character to prove consent, so that evidence is not admissible on the issue of consent.
Bare Act
Enacted textIn a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354B, section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code 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.
1 Criminal Law (Amendment) Act, 2013
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