Section 114A Indian Evidence Act 1872
Section 114A of the Indian Evidence Act 1872 is about ‘Presumption as to absence of consent in certain prosecution for rape’. It is under Chapter VII of the Act. Chapter VII is titled ‘OF THE BURDEN OF PROOF‘.
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).
See also:
Section 114 Indian Evidence Act 1872 (Court may presume existence of certain facts)