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Report No. 185

Section 146

We recommend that

(a) in clause (1) of section 146, after the word 'veracity', the words 'accuracy and credibility' be inserted;

(b) the proviso after clause (3) shall be deleted;

(c) after clause (3), the following clause and Explanation shall be inserted, namely,

"(4) 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, it shall not be permissible to adduce evidence or to put questions in the crossexamination of the victim as to her general immoral character, or as to her previous sexual experience with any person for proving such consent or the quality of consent.

Explanation.- 'character' includes 'reputation and disposition'."

Section 147

We, therefore, recommend that in section 147, after the words "relevant to", the words "the matter in issue in" should be added.



Review of the Indian Evidence Act, 1872 Back




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