Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Presumption as to Absence of Consent in Rape (Section 114A IEA / Section 119 BSA)
Evidentiary Rules & Proof Standards
Definition
A mandatory statutory presumption that where sexual intercourse by the accused is proved and the victim states in her testimony that she did not consent, the court shall presume that she did not consent.
Example
In a prosecution under Section 376(2) IPC, the medical examination proves intercourse and the prosecutrix testifies under oath that she was coerced at knifepoint; under Section 114A IEA, the court presumes absence of consent.