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:*...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.