Presumption as to absence of consent in certain prosecutions for rape. 1
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Summary
Where a rape prosecution proves that the accused had sexual intercourse and the woman testifies in court that she did not consent, the court must presume there was no consent. The presumption applies in prosecutions that fall under the specified aggravating clauses and covers the sexual acts listed by the law. Once the presumption arises, the accused must produce evidence to rebut it.
Example
Priya testifies in court that she did not consent and medical reports show the accused had sexual intercourse with her. The court will presume Priya did not consent, so the accused must bring evidence to rebut that presumption.
Bare Act
Enacted textIn 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, 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.
Explanations
(1) 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.
1 Criminal Law (Amendment) Act, 2013
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