IEA Section 53A: Evidence of character or previous sexual experience not relevant in certain cases-
Indian Evidence Act, 1872 · Chapter 2: The Relevancy Of Facts
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, or section 376E of the Indian Penal Code (45 of 1860) or for an 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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 5. Evidence may be given of facts in issue and relevant facts
- 6. Relevancy of facts forming part of same transaction
- 7. Facts which are the occasion, cause or effect of facts in issue
- 8. Motive, preparation and previous or subsequent conduct
- 9. Facts necessary to explain or introduce relevant facts
- 10. Things said or done by conspirator in reference to common design
- 11. When facts not otherwise relevant become relevant
- 12. In suits for damages, facts tending to enable Court to determine amount are relevant
- 13. Facts relevant when right or custom is in question
- 14. Facts showing existence of state of mind, or of body or bodily feeling
- 15. Facts bearing on question whether act was accidental or intentional
- 16. Existence of course of business when relevant
- 17. Admission defined
- 18. Admission by party to proceeding or his agent by suitor in representative character
- 19. Admissions by persons whose position must be proved as against party to suit
- 20. Admissions by persons expressly referred to by party to suit
- 21. Proof of admissions against persons making them, and by or on their behalf
- 22. When oral admissions as to contents of documents are relevant
- 22A. When oral admissions as to contents of electronic records are relevant
- 23. Admissions in civil cases, when relevant
- 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
- 25. Confession to police officer not to be proved
- 26. Confession by accused while in custody of police not to be proved against him
- 27. How much of information received from accused may be proved
- 28. Confession made after removal of impression caused by inducement, threat or promise relevant
- 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
- 30. Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 31. Admissions not conclusive proof, but may estop
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- 33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
- 34. Entries in books of account including those maintained in an electronic form] when relevant
- 35. Relevancy of entry in public record or an electronic record made in performance of duty
- 36. Relevancy of statements in maps, charts and plans
- 37. Relevancy of statement as to fact to public nature, contained in certain Acts or notifications
- 38. Relevancy of statements as to any law contained in law-books
- 39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
- 40. Previous judgments relevant to bar a second suit or trial
- 41. Relevancy of certain judgments in probate, etc., jurisdiction
- 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
- 43. Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
- 44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- 45. Opinions of experts
- 45A. Opinion of Examiner of Electronic Evidence
- 46. Facts bearing upon opinions of experts
- 47. Opinion as to handwriting, when relevant
- 47A. Opinion as to digital signature when relevant
- 48. Opinion as to existence of right or custom, when relevant
- 49. Opinion as to usages, tenets, etc., when relevant
- 50. Opinion or relationship, when relevant
- 51. Grounds of opinion, when relevant
- 52. In civil cases character to prove conduct imputed, irrelevant
- 53. In criminal cases, previous good character relevant
- 54. In criminal proceedings previous conviction relevant, but not previous bad character, except in reply
- 55. Character as affecting damages