IEA Section 114A: Presumption as to absence of consent in certain prosecutions for rape
Indian Evidence Act, 1872 · Chapter 7: The Burden Of Proof
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
In a prosecution for, rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) 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 she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 101. Burden of proof
- 102. On whom burden of proof lies
- 103. Burden of proof as to particular fact
- 104. Burden of proving fact to be proved to make evidence admissible
- 105. Burden of proving that case of accused comes within exceptions
- 106. Burden of proving fact especially within knowledge
- 107. Burden of proving death of person known to have been alive within thirty years
- 108. Burden of proving that person is alive who has not been heard of for seven years
- 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110. Burden of proof as to ownership
- 111. Proof of good faith in transactions where one party is in relation of active confidence
- 111A. Presumption as to certain offences
- 112. Birth during marriage, conclusive proof of legitimacy
- 113. Proof of cession of territory
- 113A. Presumption as to abetment of suicide by a married woman
- 113B. Presumption as to dowry death
- 114. Court may presume existence of certain facts