Where the question of consent is an issue, evidence of character of the victim

Correct option is B

The correct option is (b) shall not be relevant.

Explanation

According to the Bharatiya Sakshya Adhiniyam (BSA), 2023, the law prohibits the use of a victim's character or previous sexual experience to argue that they consented to a sexual act.

1. Section 48 (Old Section 53A IEA): This section specifically states that in prosecutions for sexual offences (such as rape or sexual assault), where the question of consent is an 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.
2. Protection of Victim's Dignity: This provision is a crucial safeguard designed to prevent "victim-blaming" in court. It ensures that a person's past conduct or general reputation cannot be used to imply that they were more likely to have consented to the specific act in question.
3. Mandatory Restriction: The use of the word "shall" indicates that this is a mandatory rule of law, and the Court has no discretion to allow such evidence if it is being offered to prove consent.