25. After section 53 ofthe Indian EvidenceAct, 1872 (hereafter in this Chapterreferred
to as the Evidence Act), the following section shall be inserted, namely:-
"53A. In a prosecution for an offence under section 354, section 354A,
section 354B, section 354C, section 3540, section 376, section 376A, section 376B,
section 376C, section 3760 or section 376E ofthe Indian Penal Code>or for attempt to
commit any such offence, where the question of consent is in issue, evidence ofthe
character ofthe victim or ofsuch person's previous sexual experience with any person
shall not be relevant on the issue ofsuch consent or the quality of consent.".
26. For section 114A ofthe Evidence Act, the following section shall be substituted,
namely:-
'114A. In a prosecution for rape under clause (a), clause (b), clause (c),
~~~~~~~~~~~~~~~m
clause (I), clause (m) or clause (n) of sub-section (2) of section 376 of the Indian
Penal Code, where sexual intercourse by the accused is proved and the question is
whether it was without the consent ofthe woman alleged to have been raped and such
woman states in her evidence before the court that she did not consent, the court shall
presume that she did not consent.
Explanation.- In this section, "sexual intercourse" shall mean any ofthe acts
mentioned in clauses (a) to (d) ofsection 375 ofthe Indian Penal Code.'.
27. For section 119 ofthe Evidence Act, the following section shall be substituted,
namely:-
"119. A witness who is unable to speak may give his evidence in any other
manner in which he can make it intelligible, as by writing or by signs; but such writing
must be written and the signs made in open Court, evidence so given shall be deemed
to be oral evidence:
Provided that ifthe witness is unable to communicate verbally, the Court shall
take the assistance of an interpreter or a special educator in recording the statement,
and such statement shall be videographed.".
28. In section 146 ofthe Evidence Act, for the proviso, the following proviso shall be
substituted, namely:-
"Provided that in a prosecution for an offence under section 376, section 376A,
section 376B, section 376C, section 3760 orsection 376E ofthe Indian Penal Code or
for attempt to commit any such offence, where the question of consent is an issue, it
shall not be permissible to adduce evidence orto put questions in the cross-examination
of the victim as to the general immoral character, or previous sexual experience,
of such victim with any person for proving such consent or the quality of
consent.".