Report No. 84

7.26. Section 146, Evidence Act.-

But this amendment of section 155(4) of the Evidence Act would not be an adequate measure for reforming the law. Theoretically, it would still continue to be permissible to give evidence about the "character" of the female prosecutrix under the general provision in section 146 of the Evidence Act. The possibility of such an alternative being open to the accused in cross-examination of the female prosecutrix in a prosecution of rape or attempt to commit rape ought, in our view, to be totally eliminated, for the reasons stated above.

One effective method of doing so would be to insert a provision in the Act by way of addition to section 146, to the effect that in a prosecution for rape or attempt to commit rape, where the question at issue is. the consent of the woman, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the prosecutrix as to her general immoral character, or as to her prior sexual experience with any person other than the accused.