Section 48 Bharatiya Sakshya Adhiniyam, 2023: Evidence of character or previous sexual experience not relevant in certain cases

Section 48 of Bharatiya Sakshya Adhiniyam, 2023: Evidence of character or previous sexual experience not relevant in certain cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Fact Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 48

Section 48 establishes that in prosecutions for rape, sexual assault, and attempt to commit rape, evidence of the character of the victim or of such person's previous sexual experience with any person is strictly irrelevant.

Protection of Victim Dignity: Categorically bars introduction of the prosecutrix's sexual history or alleged promiscuity to prove consent or impeach credit.
Consolidated Sexual Offense Scope: Applies across all sexual offenses under the Bharatiya Nyaya Sanhita, 2023 (Sections 64, 65, 66, 68, 70, 71 BNS).
Bar on Degrading Cross-Examination: Operates in tandem with Section 154 BSA to prohibit scandalous, indecent, or insulting questions during trial.

Key Landmark Precedents:

State of U.P. v. Pappu (2005) 3 SCC 594: The Supreme Court held that the prior sexual history of a rape survivor is completely irrelevant on the question of consent under Section 53A IEA (Section 48 BSA).
Lillu v. State of Haryana (2013) 14 SCC 643: Condemned the 'two-finger test' as a violation of the victim's constitutional right to privacy, dignity, and bodily integrity under Article 21, reinforcing strict statutory exclusion of past sexual experience.

Courtroom Practice & Strategic Litigation Guidance:

Trial judges have a positive statutory duty under Section 48 to disallow questions regarding the victim's moral character or sexual background. Prosecutors must immediately record formal objections if defense counsel attempts to probe past relationships.