Bombay High Court criticized trial court's 'noticeable silence' on use of victim's past sexual history in Tarun Tejpal rape case
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Sexual history of survivors continues to shadow rape trials despite legal bar, say experts
The Bombay High Court criticized the trial court's silence on the use of the survivor's past sexual history during the Tarun Tejpal rape trial, despite Section 53A of the Indian Evidence Act barring such evidence. The court termed this a 'noticeable silence' and highlighted how survivors' credibility continues to be attacked through irrelevant sexual history. This ruling reinforces legal protections for rape survivors under the Criminal Law (Amendment) Act, 2013, and underscores judicial scrutiny of trial court conduct in sexual assault cases.
Source: The Hindu. This summary and analysis are AI-written from that report and are not individually fact-checked — confirm names, dates and figures with the source before you rely on them.
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Section 53A of Indian Evidence Act, inserted by Criminal Law (Amendment) Act, 2013, bars evidence of victim's past sexual history
Tarun Tejpal, former Tehelka editor-in-chief, was convicted by trial court in 2021; appeal pending before Bombay HC
Court emphasized that graphic details of survivor's sexual history were used to attack her credibility despite legal prohibition
Ruling reinforces protections for rape survivors under Section 53A and judicial duty to prevent character assassination in sexual assault trials
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