Act 004 of 2003 : Evidence (Amendment) Act, 2002

Preamble

Evidence (Amendment) Act, 20021

[Act 4 of 2003][December 31, 2002]

[Repealed by Act 17 of 2015*]

An Act further to amend the Indian Evidence Act, 1872

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-

1 Received the assent of the President on December 31, 2002 and published in the Gazette of India, Extra., Part II, Section 1, dated 1st January, 2003, pp. 1, No. 4

* Ed.: Act 4 of 2003 repealed by Act 17 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015:

"4. Savings.- The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

Section 1. Short title

1. Short title.-This Act may be called the Evidence (Amendment) Act, 2002.

Section 2. Amendment of Section 146

2. Amendment of Section 146.-In Section 146 of the Indian Evidence Act, 1872 (1 of 1872) (hereinafter referred to as the principal Act), after clause (3), the following proviso shall be inserted, namely:-

"Provided that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character.".

Section 3. Amendment of Section 155

3. Amendment of Section 155.-In Section 155 of the principal Act, clause (4) shall be omitted.

SECTIONS