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Report No. 172

5.3.8. Consequential amendments recommended in proposed section 53A and proposed clause (4) of section 146 of the Evidence Act.-

Accordingly, we recommend that the following amendments be made in the Evidence Act:

5.3.8.1. After section 53, the following section be inserted:

"53A. In a prosecution for an offence under section 376, 376A, 376B, 376C, 376D or 376E or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of his/her previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent."

5.3.8.2. In section 146 of the Evidence Act, the following clause shall be added after clause (3):

"(4) In a prosecution for an offence under section 376, 376A, 376B, 376C, 376D or 376E or for attempt to commit any such offence, where the question of consent is in issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to his/her general immoral character, or as to his/her previous sexual experience with any person for proving such consent or the quality of consent."



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