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Report No. 172

Chapter V

Changes recommended in the Evidence Act, 1872

5.1. Suggestions of "Sakshi" considered.-

The representatives of Sakshi have suggested three amendments to the Evidence Act, viz.

(a) amendment of section 114A saying that in a prosecution for aggravated sexual assault and where sexual intercourse is proved and the question is whether it was without the consent of the complainant and the complainant states in her evidence before the court that she did not consent, the court shall presume that she did not consent;

(b) clause (4) in section 155, which permits a man prosecuted for rape or an attempt to ravish, to show that the prosecutrix was of generally immoral character should be deleted and (c) in section 146, a new clause, clause (4), shall be added stating that in a prosecution for sexual assault or an attempt to commit sexual assault and where the question of consent is in issue, it shall not be permissible to put any questions in the cross-examination of the complainant with respect to his/her previous sexual history, character or conduct for proving consent or the quality of consent.

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