Amendments To The Indian Evidence Act, 1872 Detail
25. Insertion of new Section 53-A. :
After Section 53 of the Indian Evidence Act, 1872 (1 of 1872) (here after in this chapter referred to as the Evidence Act), the following Section shall be inserted, namely:
"53-A. Evidence of character or previous sexual experience not relevant in certain cases.- In a prosecution for an offence under Section 354, Section 354-A, Section 354-B, Section 354-C, Sec. 354-D, Sec. 376, Sec. 376-A, Sec. 376-B, Sec. 376-C, Sec. 376-D, or Sec. 376-E 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 we relevant on the issue of such cnsent or the quality of consent."
26. Substitution of new Section for Section 114-A :
For Sec. 114-A of the evidence act, the following Sec. shall be substituted, namely :
'114-A. Presumption as to absence of consent in certain prosecution for rape. - In a prosecution for rape under clause (a), (b), (c), (d), (e), (f), (g), (h), (i),(j), (k), (l), (m) or (n) of sub-section (2) of Section 376 of the Indian Panel Code (45 of 1860), where sexual intercourse by the accused is proved & the question is whether it was without the consent of the women alleged to have been raped & such women states in her evidence before the court that she did not consent, the court shall presume that she did not consent.
27. Substitution of new Section for Section 119. :
For Section 119 of the Evidence Act, the following Section shall be substituted, namely :
"119. Witness unable to communicate verbally. : A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made it open court, evidence so given shall be deemed to be oral evidence:
Provided that if the witness is unable to communicate verbally, the court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be videographed."
28. Amendment of Section 146. :
In Section 146 of the Evidence Act, for the proviso, the following proviso shall be substituted, namely:
"Provided that in a prosecution for an offence under section 376, sec. 376-A, sec. 376-B, sec. 376-C, sec. 376-D or sec. 376-E of the Indian Penal code (45 of 1860) or for attempt to commit any such offence,, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put question in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent."
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