Evidence of character or previous sexual experience not relevant in certain cases
Section 53A of the Indian Evidence Act, 1872 deals with evidence of character or previous sexual experience not relevant in certain cases. In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, Code (45 of 1860) 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 wi The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, Code (45 of 1860) 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 53A, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 48 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 The repealed enactment still governs what happened while it was in force.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.
Referred to by 1
Questions about Section 53A
What does Section 53A of the Indian Evidence Act deal with?
Section 53A of the Indian Evidence Act is headed "Evidence of character or previous sexual experience not relevant in certain cases". In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, Code (45 of 1860) 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 wi
How do I find court cases under Section 53A of the Indian Evidence Act?
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: IEA 53A, section 53A IEA, section 53A of the Indian Evidence Act. 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 53A of the Indian Evidence Act, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 48 (Evidence of character or previous sexual experience not relevant in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 53A of the Indian Evidence Act come into force?
Section 53A of the Indian Evidence Act, cited as IEA 53A, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.