Beyond the Burden of Chastity: Character Evidence and the Changing Judicial Mindset in Bangladesh

Abstract

In 2022, the colonial-era Evidence Act, 1872, was finally amended by the Evidence(Amendment) Act, 2022. It repealed section 155(4), the provision that allowed legalpractitioners to attack sexually assaulted women’s “general immoral character” to underminetheir testimony. Although the repealed provision was widely appreciated as a vital step towardmore just and gender-sensitive criminal justice, this paper argues that the amended versiononly abolished the colonial rule formally, preserving much of its functional spirit. Even thoughrevised Section 146(3) bars inquiries into a victim’s past behavior during cross-examination,courts may still permit them if deemed vital to fairness “for the ends of justice”. What remainsvague is how often such situations truly justify the breach of the victim’s privacy. The lack ofclear guidance, combined with broad judicial discretion, means the practice effectivelyremains tethered to the same colonial logic of invasive scrutiny. Yet legal wording onlycaptures part of reality, as inside courtrooms, practices persist through subtle means such asin the Raintree Hotel verdict. Analysing the statutory provisions along with ten reportedAppellate Division cases, this paper embeds the 2022 amendment within a broader critique oflegislative repeal without structural and cultural transformation, which risks relocating,rather than dismantling, colonial mechanisms of control over survivors’ credibility. The paperconcludes by calling for binding judicial guidelines and stronger sexual violence shieldprotections to end the discretionary loophole.