Section 53A in Indian Evidence Act 1872
Title: Evidence of character or previous sexual experience not relevant in certain cases
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.]
1. Ins. by Act 13 of 2013, s. 25 (w.e.f. 3-2-2013)
2. Subs. by Act 22 of 2018, s. 8, for section 376A, section 376B, section 376C, section 376D (w.e.f 21-4-2018).
Title: Previous bad character not relevant except in reply
1[54. Previous bad character not relevant, except in reply. -- In criminal proceedings, the fact that the accused person has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.
Explanation 1. -- This section does not apply to cases in which the bad character of any person is itself a fact in issue.
Explanation 2. -- A previous conviction is relevant as evidence of bad character. ]
1. Subs. by Act 3 of 1891, s. 6 for "section 54".
Title: Character as affecting damages
In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant.
Explanation. -- In sections 52, 53, 54 and 55, the word character includes both reputation and disposition; but, 1[except as provided in section 54], evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.
1. Ins. by s. 7, ibid.
Title: Fact judicially noticeable need not be proved
No fact of which the Court will take judicial notice need be proved.
Title: Facts of which Court must take judicial notice
The Court shall take judicial notice of the following facts:--
1[(1) All laws in force in the territory of India;]
(2) All public Acts passed or hereafter to be passed by Parliament 2[of the United Kingdom], and all local and personal Acts directed by Parliament 2[of the United Kingdom] to be judicially noticed;
(3) Articles of War for 3the Indian Army 4[Navy or Air Force];
5[(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any laws for the time being in force in a Province or in the States;]
(5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland;
(6) All seals of which English Courts take judicial notice: the seals of all the 6 [Courts in 7[India]] and of all Courts out of 7[India] established by the authority of 8 [the Central Government or the Crown Representative]; the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by 9[the Constitution or an Act of Parliament of the United Kingdom or an] Act or Regulation having the force of law in 7[India];
(7) The accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in 10[any Official Gazette];
(8) The existence, title and national flag of every State or Sovereign recognized by 11[the Government of India];
(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;
(10) The territories under the dominion of 11[the Government of India];
(11) The commencement, continuance and termination of hostilities between 11[the Government of India] and any other State or body of persons;
(12) The names of the members and officers of the Court, and of their deputies and subordinate offices and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it;
(13) The rule of the road 12[on land or at sea].
In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.
If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.
1. Subs. by the A. O. 1950, for the clause (1).
2. Subs. by the A.O. 1950, for "the clause (2)".
3. Subs. ibid., for "her Majesty's".
4. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for "or Navy".
5. Subs. by the A.O. 1950, for the Former para, (4).
6. Subs. by the A.O. 1948, for "Courts of British India".
7. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the States".
8. Subs. by the A.O. 1937, for "the G.G. or any L.G. in Council".
9. Subs. by the A.O. 1950, for "any Act of Parliament or other".
10. Subs. by the A.O. 1937, for "the Gazette of India or in the Official Gazette of any L.G.".
11. Subs. by the A.O. 1950, for "the British Crown".
12. Ins. by Act 18 of 1872, s. 5.