Section 48 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 48 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 48: Evidence of Character or Previous Sexual Experience Not Relevant in Certain Cases
Provision:
In prosecutions for offences under specific sections of the Bharatiya Nyaya Sanhita (BNS), 2023, where the question of consent is in issue, evidence pertaining to the character of the victim or their previous sexual experience with any person shall not be admissible to determine the issue of consent or the quality of consent.(law4u.in)
Applicable Offences:
This provision applies to offences under the following sections of the Bharatiya Nyaya Sanhita, 2023:
Section 64: Rape
Section 65: Attempt to commit rape
Section 66: Sexual assault
Section 67: Attempt to commit sexual assault
Section 68: Sexual harassment
Section 69: Attempt to commit sexual harassment
Section 70: Voyeurism
Section 71: Attempt to commit voyeurism
Section 74: Trafficking of persons
Section 75: Attempt to commit trafficking of persons
Section 76: Child sexual abuse
Section 77: Attempt to commit child sexual abuse
Section 78: Cyber sexual offences(kanoongpt.in, constitutionofindia.in)
Rationale:
The intent behind Section 48 is to protect the dignity and privacy of the victim by ensuring that their past sexual history or character is not used to discredit their testimony or to infer consent in the case at hand. This provision aims to prevent victim-blaming and to focus the court's attention solely on the facts of the specific case.
Example:
If an individual is accused of sexual assault under Section 66 of the BNS, the defense cannot introduce evidence regarding the victim's previous sexual relationships or character to argue that the victim may have consented to the act. The court will solely consider the circumstances surrounding the alleged incident to determine consent.
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