Presumption as to absence of consent in certain prosecution for rape
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Summary
In a rape prosecution where the court finds the accused had sexual intercourse and the woman, in her evidence, states she did not consent, the court will presume she did not consent. The presumption applies when her statement is given as part of her evidence. "Sexual intercourse" means the acts listed in section 63.
Example
Ravi is accused of rape and medical and forensic evidence show he had sexual intercourse with Priya. Priya testifies in court that she did not consent. Under this rule the court must presume Priya did not consent, so Ravi must produce evidence to challenge that presumption.
Bare Act
Enacted textIn a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, 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 section 63 of the Bharatiya Nyaya Sanhita, 2023.
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