Section 114A · Presumption as to absence of consent in certain prosecution for rape
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1[114A. Presumption 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).]
STATE AMENDMENT
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.]
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
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.]
In the new law
IEA 114ABSA 120
120. Presumption as to absence of consent in certain prosecution for rape.
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