Section 114A Evidence Act: Presumption as to absence of consent in certain...

Section 114A: Presumption as to absence of consent in certain prosecution for rape

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

¹[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 (as printed in the official text)

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.]

Footnotes in the official text

1.Subs. by Act 13 of 2013, s. 26 (w.e.f. 3-2-2013). Earlier it was inserted by Act 43 of 1983, s. 6, (w.e.f. 25-12-1983).

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

114A. Presumption as to absence of consent in certain prosecution for rape

BSA 120

Questions on this section

2 questions in 15 of our papers cite Section 114A. Try these from the free papers:

1. Which of the following provisions of the Indian Evidence Act, 1872 have NO corresponding provision in the BSA? 1. Section 88 (presumption as to telegraphic messages) 2. Section 113 (proof of cession of territory) 3. Section 166 (power of jury or assessors to put questions) 4. Section 114A (presumption as to absence of consent in certain prosecutions for rape) Select the correct answer using the codes below.
2. Section 120 of the BSA, under which the Court shall presume absence of consent where sexual intercourse by the accused is proved and the woman states in her evidence that she did not consent, applies to a prosecution for rape under: