Library · Legal reference

Important Legal Definitions

Explore legal terms, clear definitions and practical examples.

← All definitions

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.