Presumption of absent consent applies in specified rape prosecutions when intercourse is proved and the woman denies consent. Section 114A creates a presumption of absence of consent in specified aggravated rape prosecutions. Where sexual intercourse by the accused is proved, ... Summary
Presumption of absent consent applies in specified rape prosecutions when intercourse is proved and the woman denies consent.
Section 114A creates a presumption of absence of consent in specified aggravated rape prosecutions. Where sexual intercourse by the accused is proved, consent is in issue, and the woman states before the court that she did not consent, the court must presume absence of consent. The provision applies only where these cumulative conditions are met, and sexual intercourse includes the acts covered by clauses (a) to (d) of section 375 of the Indian Penal Code.
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