Correct option is A
The correct answer is
(a) Section 53A. Section 53A of the Indian Evidence Act was specifically inserted to ensure that in prosecutions for rape (under Section 376 I.P.C. and related offences), the evidence regarding the character or previous sexual experience of the victim is not relevant and cannot be used to discredit the victim’s testimony.
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Explanation:
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Section 53A: Introduced by the Criminal Law (Amendment) Act, 2013, this Section prohibits the admissibility of evidence related to the past sexual history or character of the victim in trials for sexual offences, such as rape. This ensures that the victim's character or previous sexual conduct is not used to infer consent or to question the credibility of the victim.
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Purpose: The introduction of Section 53A was aimed at preventing the secondary victimization of survivors of sexual assault by ensuring that the focus remains on the accused's actions rather than the victim's character.
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Relevance of Character Evidence: Section 53A makes it clear that in cases of rape and other sexual offences, the character of the victim, including prior sexual history, is not relevant to determining the issue of consent or the credibility of the victim.
Additional Information:
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Section 114A (b): Presumes lack of consent if the victim states she did not consent, particularly in cases of custodial rape.
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Section 53 (c): Deals with the relevance of the character of the accused, not the victim, and is used to show that the accused is of a good or bad character.
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Section 119 (d): Deals with witnesses who are unable to speak and their ability to provide evidence, unrelated to the character of the victim.
