Saturday, December 29, 2012

After every f()ck, the woman can decide IF it is a r@pe or not


Welcome to the brave new world !!
After every f()ck, the woman can decide IF it is a r@pe or not
Proposed amendments to IPC and Evidence Act
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13. After section 53 of the Indian Evidence Act, 1872 (hereafter in this Chapter referred to as the Evidence Act), the following section shall be inserted, namely:—

“53A. In a prosecution for an offence under section 376 or section 376A or section 376B of the Indian Penal Code 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 his or her previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.".

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14. For section 114A of the Evidence Act, the following section shall be substituted, namely:—

‘114A. In a prosecution for sexual assault under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) or clause (h) or clause (i) or clause (j) or clause (k) or clause (l) of sub-section (2) of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the other person alleged to have been sexually assaulted and such other person states in that person’s evidence before the court that she or he did not consent, the court shall presume that she or he did not consent. Explanation.—In this section “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (c) of section 375 of the Indian Penal Code.’

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15. 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 or section 376A or section 376B of the Indian Penal Code or for attempt to commit any such offence, where the question of consent is in issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to his or her general immoral character, or as to his or her previous sexual experience with any person for proving such consent or the quality of consent.”