Indian Evidence Act
IEA 114A is now BSA 120.
Presumption as to absence of consent in certain prosecution for rape
Carried over
27% of the old wording kept
Old · IEA 1872 · Ch. VII
s. 114A
Presumption as to absence of consent in certain prosecution for rape
In a prosecution for rape under clause (a), clause (b), clause (c), clause
(d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k), clause (l), clause (m) or clause (n) of sub-section (2) of Section 376 of the Indian Penal Code (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent.
Explanation.—In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of Section 375 of the Indian Penal Code (45 of 1860)J STATE AMENDMENIS SECTION 114-B Chhattisgarh.—In its application to the State of Chhattisgarh, after Section 114-A, the following shall be inserted, namely:— *114-B. Presumption as to offences committed under Section 354, Section 354-A, Section 354-B, Section 354-C, Section 354-D, Section 509, Section 509-A or Section 509-B of the Indian Penal Code, 1860.—When the question is whether a person has committed an offence under Section 354, Section 354-A, Section 354-B, Section 354-C, Section 354-D, Section 509, Section 509-A or Section 509-B of the Indian Penal Code and if the victim deposes before the court that she has been subjected to sexual harassment or her modesty was outraged or she was disrobed or she was stalked or her privacy was intruded or she was sexually harassed by any means, as the case may be, the court may, unless contrary is proved, presume that such offence has been committed by that person." [Vide Chhattisgarh Act 25 of 2015, S. 14 (w.e.f. 21-7-2015))
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. VII
s. 120
Presumption as to absence of consent in certain prosecution for rape.
In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.
Explanation.--In this section, "sexual intercourse" shall mean any of the acts mentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023.
Text from India Code