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Report No. 172

5.3.1. Suggestion No.3 .-

So far as the addition of a new clause, namely, clause (4) in section 146 is concerned, the 84th Report of the Law Commission had suggested the following addition:

"(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 prosecutrix as 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."

5.3.2. The 84th Report of the Law Commission had further recommended the addition of a new section, section 53A, to the following effect:

"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 consent."

5.3.3. Obviously, section 53A was recommended to be inserted for the reason that section 146 is confined to questions that may be put in cross-examination and is therefore of a limited operation, whereas section 53A is much wider and bars such evidence to be adduced in any manner whatsoever.



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