Lawgist114APresumption as to absence of consent in certain prosecution for rap
1[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).]
STATE AMENDMENT
Chhattisgarh
Insertion of new Section 114B.--After section 114A of the Indian Evidence Act, the following shall be inserted, namely:---
114B. Presumption as to offences committed under section 354, section 354A, section 354B, section 354C, section 354D, section 509, section 509A or section 509B of the Indian Penal Code, 1860.-When the question is whether a person has committed an offence under Section 354, section 354A, section 354B, section 354C, section 354D, section 509, section 509A, or section 509B 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.]
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1. Ins. by Act 13 of 2013, s. 26. (w.e.f. 3-2-2013).
- 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
- 114A Presumption as to absence of consent in certain prosecution for rap
