What is Section 53 A of the Indian evidence Act?
Asked by: Rosa Block | Last update: July 8, 2026Score: 4.9/5 (29 votes)
Section 53A of the Indian Evidence Act, 1872, is a "rape-shield" provision introduced in 2013 that makes evidence of a victim's character or previous sexual experience irrelevant to prove consent in sexual offence trials. It ensures that the victim's past conduct cannot be used to imply consent or question her character.
What is Section 53 of the Indian Evidence Act?
Section 53 of the Indian Evidence Act, 1872, deals with the irrelevance of evidence of a person's character in civil cases to prove or disprove conduct imputed to them. It establishes a general rule that character evidence is inadmissible in civil cases to establish the probability of a person's conduct.
What is Section 53A of the evidence Act?
IEA Section 53A - Evidence of character or previous sexual experience not relevant in certain cases | Devgan.in.
What is 53A transfer of property?
53-A of the Transfer of Property Act 1882. Relief of injunction cannot be granted when plaintiff has not shown his readiness and willingness to perform his part of the contract. In a suit for specific performance of agreement of sale interim injunction can be granted against defendant basing on 53A of T.P. Act.
What is the rule 53A?
Rule 53A exempts Units in an International Financial Service Centre from the application of rule 53 when those Units provide financial services regulated under the IFSC statutory framework, with the exemption governed by the statutory definitions of "financial service" and "International Financial Service Centre."
Section 53, 53A and 54 of Indian Evidence Act
What type of transaction is protected under section 53A of the Transfer of Property Act 1882?
Section 53A of the Transfer of Property Act, acts as a safeguard to prospective transferees in a contract of sale of immovable property, and allows them to retain the possession of the same as against the transferors to the contract, who after having executed an incomplete instrument of transfer, fails to comply with ...
What is Section 53 1A of the Maharashtra Stamp Act?
Section 53(1A) of the Maharashtra Stamp Act (LX of 1958) provides that any person aggrieved by an order of the Collector under Chapter III, Chapter IV, Chapter V and under clause (a) of the second proviso to section 27, regarding adjudication of stamp duty, insufficiently stamped instruments, valuation and refund of ...
What is Section 53 of the Indian contract Act?
When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the ...
What is Section 53 of the Transfer of Property Act example?
Section 53 of the Transfer of Property Act
For example:– When 'A' transfers his property to 'B' without giving him his ownership of the property with the intention to keep his assets out of reach of his creditor, such a transfer is called a fraudulent transfer.
Does a written agreement need to exist?
Most contracts can be either written or oral and still be legally enforceable. However, some agreements must be in writing to constitute a binding agreement. Oral contracts are difficult to enforce. They don't include a clear record of the legal requirements of an enforceable contract.
Can a WhatsApp message be used as evidence?
The answer is yes: WhatsApp messages can be presented as evidence. However, their admissibility is not automatic. For a judge to accept and consider them, certain technical and legal requirements must be met.
What is the Indian Evidence Act?
The Indian Evidence Act, 1872 (“Evidence Act”) consolidates, defines, and amends the laws relating to evidence in India which helps courts to ascertain the truth. This law deals with set of principles which tend to prove or disapprove any matter of fact before the judicial authority.
What is Article 53 B of the Constitution of India?
Article 53, Constitution of India 1950
(b) prevent Parliament from conferring by law functions on authorities other than the President.
What is the burden of proof under the Indian Evidence Act?
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
What is the significance of article 53?
ARTICLE 53 - (1) The exercise of certain rights or freedoms may only be restricted by law, and only if necessary, as the case may be, for: the defence of national security, of public order, health, or morals, of the citizens' rights and freedoms; conducting a criminal investigation; preventing the consequences of a ...
What is the best evidence rule under the Indian Evidence Act?
The evidence law of India regards the “Best Evidence Rule” as a principle guiding the Indian Evidence Act 1872. By Best Evidence Rule we mean that the secondary evidence won't be applicable when primary evidence exists.
What can be transferred under the Transfer of Property Act?
Property of any kind may be transferred, except as otherwise provided by this act or even by any other law for time being in force, and these exceptions will be discussed in detail in the following sub-sections.
What is rule 53a?
Part performance. -- Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has.
What is the property transfer clause?
The Transfer of Property clause defines the point at which ownership of goods or assets passes from the seller to the buyer.
What is Section 53 of the Indian Contract Act case law?
When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes viodable at the option of the party so prevented: and he is entitled to compensation 'from the other party for any loss which he may sustain in consequence of the non- ...
How does article 53 affect the PM?
The Constitution envisions a scheme of affairs in which the president of India is the head of state; in terms of Article 53 with office of the prime minister being the head of Council of Ministers to assist and advise the president in the discharge of their constitutional functions.
What is an example of a discharge of surety?
For example, if the creditor loses security given by the debtor, the surety's liability may be reduced. If the creditor loses or gives up security (like collateral) provided by the debtor without the surety's approval, the surety is discharged to the extent of the value of that security.
How long is a stamp valid?
Officially, unused USPS postage stamps never expire. As long as a stamp is genuine, undamaged, and has not been used, it will remain valid for mailing indefinitely.
What is the Article 5 of the Stamp Act?
Article 5 levies duty on an agreement or a memorandum of agreement. There are three clauses in the article, and three exemptions. The exemptions are important. The expression "agreement", used in the article could have a wide scope.
What is Section 52 of the Stamp Act?
52(1).
“No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered, or authenticated by any such person or by any public officer, unless such instrument is duly stamped…”