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Report No. 84

7.27. Amendment of section 146.-

Accordingly, we recommend that the following sub-section should be added to section 146 of the Evidence Act:-

"(4) In a prosecution for rape or attempt to commit rape, where the question of consent to sexual intercourse or attempted sexual intercourse is at issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the prosecutrixes to her general immoral character, or as to her previous sexual experience with any person other than the accused for proving such consent or the quality of consent."

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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