Vidhara

The Indian Evidence Act, 1872

§114APresumption as to absence of consent in certain prosecution for rape

–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).]

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Official text: India Code (official)

Official India Code text: The Indian Evidence Act, 1872 (1 of 1872), English PDF (iea_1872.pdf) retrieved via Internet Archive Wayback Machine snapshot 2021-09-03 of indiacode.nic.in (portal unreachable from ingest network). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser on 2026-07-15. Repealed by BSA 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; spot-verified; full clause-level proofread pending. Section 114B, inserted by Chhattisgarh Act 25 of 2015 and published as central law, was removed on 2026-08-02 and is now recorded as a State amendment (D-052/D-053).

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