BSA §48
In a prosecution for an offence under section 64, section 65, section.
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Comparison
1[53A. 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, section 376, 2[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 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.]
48. 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.
What changedAI-inferred
Evidence of character or previous sexual experience not relevant in certain cases.
Old position
IEA 53A is concerned with Evidence of character or previous sexual experience not relevant in certain cases. 1[53A
New position
BSA 48 preserves the framework with drafting modernisations as required by the new code. Topic: In a prosecution for an offence under section 64, section 65, section.. 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
BSA 48 (In a prosecution for an offence under section 64, section 65, section.) preserves the framework of IEA 53A. BSA 48 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 48 text: In a...
Editorial deltaAI-indicated (source-linked)
BSA 48 (In a prosecution for an offence under section 64, section 65, section.) preserves the framework of IEA 53A. BSA 48 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 48 text: 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,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 53A continues to apply. For matters from that date forward, BSA 48 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 48 (In a prosecution for an offence under section 64, section 65, section.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §53A → BSA §48 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/48.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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