Section 48 of BSA : Section 48: Evidence of character or previous sexual experience not relevant in certain cases.

Explanation using Example

Example 1:

Scenario: Riya files a complaint against Rajesh for sexual assault under Section 64 of the Bharatiya Nyaya Sanhita, 2023. During the trial, Rajesh's lawyer tries to introduce evidence that Riya had previous sexual relationships with other individuals to argue that she might have consented to the act with Rajesh.

Application of Section 48: The court will not allow this evidence to be presented. According to Section 48 of the Bharatiya Sakshya Adhiniyam, 2023, Riya's past sexual experiences are not relevant to the issue of whether she consented to the act with Rajesh. The focus will remain on the specific incident in question and whether consent was given for that particular act.

Example 2:

Scenario: Anjali accuses her boss, Vikram, of sexual harassment under Section 67 of the Bharatiya Nyaya Sanhita, 2023. Vikram's defense team attempts to introduce evidence that Anjali has a history of flirtatious behavior with other colleagues to suggest that she might have consented to Vikram's advances.

Application of Section 48: The court will reject this evidence. Section 48 clearly states that Anjali's character or previous sexual experiences are not relevant to the issue of consent in this case. The court will only consider the facts related to the alleged harassment by Vikram and whether Anjali consented to his actions.

Example 3:

Scenario: Priya accuses her neighbor, Suresh, of attempting to rape her under Section 75 of the Bharatiya Nyaya Sanhita, 2023. Suresh's lawyer tries to introduce evidence that Priya had a consensual sexual relationship with another neighbor to argue that she might have consented to Suresh's advances.

Application of Section 48: The court will not permit this evidence. Under Section 48, Priya's previous sexual experiences with any other person are not relevant to the issue of consent in the case involving Suresh. The court will focus solely on the incident involving Suresh and whether Priya consented to his actions.

Example 4:

Scenario: Meera accuses her ex-boyfriend, Arjun, of stalking and attempting to sexually assault her under Section 76 of the Bharatiya Nyaya Sanhita, 2023. Arjun's defense team tries to introduce evidence that Meera had a history of consensual sexual relationships with other men to argue that she might have consented to Arjun's actions.

Application of Section 48: The court will exclude this evidence. According to Section 48, Meera's past sexual experiences are not relevant to the issue of consent in the case involving Arjun. The court will concentrate on the specific incident and whether Meera consented to Arjun's actions.