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Report No. 84

7.28. Section 53A (proposed) to exclude evidence as to character.-

Even this amendment of the law, however, would not be enough. In our opinion, it is also necessary to exclude the possibility of evidence of general immoral character being tendered under the sections1 of the Act which relate to substantive evidence.1

Accordingly, we recommend that the following new section should be inserted, in the Evidence Act, say-as section 53A:-

"53A. 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, evidence of the character of the prosecutrix or of her previous sexual experience with any person other than the accused shall not be relevant on the issue of such consent or the quality of content."

1. Sections 8, 9, 11 and 14, Evidence Act.

2. See para. 7.15, supra.

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

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