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Report No. 172

5.2.3. Deletion of clause (4) of section 155 of the Evidence Act recommended.-

Reference may also be made in this context to the 84th Report of the Law Commission which, inter alia, deals with this aspect. In chapter 7 of the Report under item "V. Past Sexual History" the Commission had emphasised the desirability of amending clause (4) in section 155 (to make such questions permissible only to the extent of her previous sexual relationship with the accused but otherwise to bar any questions regarding the prosecutrix's general immoral character or previous sexual experience) as well as addition of a new clause, clause (4) in section 146.

Indeed the Commission had recommended insertion of a new section, section 53A in the Act. It is not necessary to set out the entire reasoning given in the 84th Report in support of amendment of clause (4) in section 155 inasmuch as the purport of such amendment is now incorporated by us in section 146. In that view, clause (4) in section 155 becomes untenable. We therefore recommend deletion of clause (4) of section 155.



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