Evidence of character or previous sexual experience not relevant in certain cases
Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 deals with evidence of character or previous sexual experience not relevant in certain cases. In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of con The Act came into force on 01 Jul 2024.
In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 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 such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.
Section 48, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 53A Evidence of character or previous sexual experience not relevant in certain cases Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- Bharatiya Nyaya Sanhita s. 78 Stalking
- s. 64 Rules as to notice to produce
- s. 65 Proof of signature and handwriting of person alleged to have signed or written document produced
- s. 66 Proof as to electronic signature
- s. 67 Proof of execution of document required by law to be attested
- s. 68 Proof where no attesting witness found
- s. 69 Admission of execution by party to attested document
- s. 70 Proof when attesting witness denies execution
- s. 71 Proof of document not required by law to be attested
- s. 74 Public and private documents
- s. 75 Certified copies of public documents
- s. 76 Proof of documents by production of certified copies
- s. 77 Proof of other official documents
Questions about Section 48
What does Section 48 of the Bharatiya Sakshya Adhiniyam deal with?
Section 48 of the Bharatiya Sakshya Adhiniyam is headed "Evidence of character or previous sexual experience not relevant in certain cases". In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of con
How do I find court cases under Section 48 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 48, section 48 BSA, section 48 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa troop 48. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 48 of the Bharatiya Sakshya Adhiniyam, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 78 (Stalking), section 64 (Rules as to notice to produce), section 65 (Proof of signature and handwriting of person alleged to have signed or written document produced), section 66 (Proof as to electronic signature), and on 9 further provisions, so none of them can safely be read on its own. It carries forward IEA 53A (Evidence of character or previous sexual experience not relevant in certain cases), so the judgments decided under that provision are the case law on this one.
When did Section 48 of the Bharatiya Sakshya Adhiniyam come into force?
Section 48 of the Bharatiya Sakshya Adhiniyam, cited as BSA 48, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.