Report No. 185

Section 53

In the 69th report, it was stated (p. 357) that section 53 does not require any change. We agree.

Section 53A (as proposed)

This section was proposed in the 172nd Report of the Law Commission. The section as proposed referred to the following sections of the IPC, namely, 376, 376A, 376B, 376C, 376D and 376E. But, as of now section 376E has not been brought into the Indian Penal Code. We therefore propose introduction of section 53A as follows:

"53A. Character of victim not relevant in certain cases.- In a prosecution for an offence under section 376, 376A, 376B, 376C or 376D 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 her previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent."