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Report No. 172

7.4.4. Insertion of clause (4) in section 146 of the Evidence Act recommended.-

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."

(paragraph 5.3.8.2, supra)

We recommend accordingly and urge the Government to initiate steps to amend all the three Acts, namely, the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act on the lines suggested by us.

Mr.Justice B.P. Jeevan Reddy(Retd)
Chairman

Ms.J ustice Leila Seth (Retd),
Dr.N.M. Ghatate
Members

Dr. Subhash C. Jain
Member Secretary

Dated: 13.03.2000



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