Presumption as to absence of consent in certain prosecutions for rape –
According to Section 114A of the Indian Evidence Act, 1872 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)
Essential Conditions for Application of Section 114-A of the Indian Evidence Act 1872 –
Following Conditions are to be satisfied for Application of Section 114 of the Indian Evidence Act 1872.1) The Accused must be prosecuted for rape under Clause (a) or (b) or (c) or (d) or (e) or (g) of Subsection (2) of Section 376. Clause (f) has been excluded because sexual intercourse with a girl under sixteen years is rape even if she is consented.
2) It must be proved that the accused had sexual intercourse with the women.
3) The only question in issue must be whether sexual intercourse was with her consent
4) The women should depose before the Court that she did not give her consent.
If the above-mentioned conditions are satisfied the Court shall presume the absence of consent and the burden of proving consent will be on the accused. If he cannot prove consent he cannot be acquitted. The presumption under this Section is presumption of Law.
