§ SECTION 48 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Evidence of character or previous sexual experience not relevant in certain cases

The rape-shield rule: in a prosecution for a sexual offence under BNS §§ 64–78 where consent is in issue, the victim’s character or previous sexual experience is not relevant on consent, or its quality.

How to read Section 48

Consent is not decided by a victim’s past.

Which cases

Prosecutions for BNS §§ 64–78 sexual offences (or an attempt) where consent is in issue.

What is barred

The victim’s character and their previous sexual experience with any person.

From what

From the issue of consent, or the quality of consent — not relevant there.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 48 · verbatim

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.

In short: where an accused says the complainant consented, the law forbids putting her past on trial — neither her general character nor her previous sexual experience (with the accused or anyone) may be treated as relevant to whether she consented, or how “freely”. Consent is judged act by act, not by reputation or history.

→ This carries forward IEA 1872 § 53A (inserted in 2013) — the rape-shield rule — updated to the BNS 2023 offence sections.

Glossary

BNS §§ 64–78

The sexual-offence sections of the Bharatiya Nyaya Sanhita, 2023 — rape and related offences.

consent

A free and voluntary agreement to the act — the fact the accused often puts in issue.

quality of consent

Whether an apparent consent was real and free — also protected from this evidence.

character of the victim

The victim’s reputation or disposition — barred on the consent issue.

previous sexual experience

Past sexual conduct with the accused or any person — barred on the consent issue.

rape shield

The protective rule this section states — keeping a victim’s past out of the consent question.

The picture

A shield around the consent question.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleThe shield

the ruleThe rape shield — consent is not proved by character

In one lineIn a prosecution for a BNS sexual offence (§§ 64–78) where consent is in issue, evidence of the victim’s character or previous sexual experience is not relevant on consent, or its quality.

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,the offences · BNS sexual offencesin a prosecution for a BNS sexual offence (§§ 64–78), or an attempt at one…

where the question of consent is in issue,when consent is in issue…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⚠ the victim’s character / sexual history…evidence of the victim’s character, or of their previous sexual experience with any person…

shall not be relevant on the issue of such consent or the quality of consent.⚠ NOT relevant on consent…shall not be relevant on whether there was consent, or on the quality of that consent.

ExampleIn a rape trial (BNS § 64) where the accused claims consent, evidence that the victim is “of loose character” or had prior relationships is not relevant to whether she consented on this occasion — such evidence is barred.

✗ Not thisThis does not mean the victim’s account cannot be tested at all — but her character and previous sexual experience may not be used to argue she consented, or that her consent was of some lesser “quality”. The bar is specific to the consent issue in these offences.

the shieldWhat is kept out, and from what

In one lineThe shield keeps the victim’s character and sexual history out of the consent question — because past conduct proves nothing about consent to this act.

barred: the victim’s character⚠ charactera victim’s reputation or disposition cannot be used to suggest consent.

barred: previous sexual experience with any person⚠ sexual historypast sexual conduct — with the accused or anyone — cannot be used on consent.

on the issue of consent, or the quality of consentthe protected questionneither the fact of consent nor its quality may be argued from these.

ExampleThe accused cannot cross-examine the victim, or lead evidence, to show she had relationships before — on the theory that this makes consent more likely. On the consent issue, that whole line is shut out.

✗ Not thisThe shield protects against a very old abuse — putting the victim’s past on trial instead of the accused’s act. It reflects that consent is act-specific: a person may consent on one occasion and refuse on another, whatever their history.

Connected provisions

§ 47

Good character (accused)

The character run: § 47 lets in the accused’s good character; § 48 keeps the victim’s character out on consent.

BNS 2023

§§ 64–78

The sexual-offence sections whose prosecutions this shield protects.

§ 49 · next

Bad character, except in reply

The next provision in Chapter II.

lineage

IEA 1872, § 53A

Carried forward — the 2013 rape-shield rule, updated to the BNS.