Indian Evidence Act, 1872

Section 114A

Presumption as to absence of consent in certain prosecution for rape

🔄 IEA equivalent: BNS Sec. 119 🔍 Compare Old vs New

⚡ Quick Answer Reference: Section 114A IEA

Provision: Section 114A of IEA
Act: Indian Evidence Act, 1872
Classification: evidence
Jurisdiction: India
Summary: This section presumes a woman did not consent to sexual intercourse in certain rape prosecutions if she states so in court.

Statutory Content

What does Section 114A of IEA say?

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. Explanations 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).

Indian StandardSection 114A, Indian Evidence Act, 1872

Bluebook (21st ed.)Indian Evidence Act, 1872, § 114A (India)

Court Pleading StandardSection 114A of the Indian Evidence Act, 1872

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 114A of IEA mean?

Plain English Explanation

This section presumes a woman did not consent to sexual intercourse in certain rape prosecutions if she states so in court.

Practical Interpretation

In practice, this means the court will assume the woman did not consent if she testifies to that effect, shifting the burden to the accused.

Core Legal Purpose

The purpose is to protect victims of rape by creating a presumption of non-consent when they testify to it, aiding in the prosecution of such crimes.

Key Legal Elements

•The prosecution must be under specific clauses of section 376 of the Indian Penal Code.
•The woman must state in her evidence before the court that she did not consent to the sexual intercourse.
•The key legal test is whether the woman's statement of non-consent is credible and supported by the circumstances.
•A key exception could be if the accused can provide evidence that contradicts the woman's statement of non-consent.

Practical Example

Practical Example of Section 114A IEA

For example, if Rajesh is prosecuted for rape under section 376 and the woman, Priya, testifies that she did not consent to the sexual intercourse, the court will presume she did not consent, unless Rajesh can provide evidence to the contrary.

Common Questions (FAQ)

Frequently Asked Questions about Section 114A IEA

Q: What is the punishment or consequence under Section 114A of IEA?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies in the context of criminal prosecutions under the Indian Penal Code, which can involve both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section itself does not classify an offence as bailable or cognizable; those classifications are determined by other provisions of law.

Common Questions about Section 114A IEA

What is Section 114A of IEA?

Section 114A of the Indian Evidence Act, 1872 (IEA) defines and regulates "Presumption as to absence of consent in certain prosecution for rape". In plain terms: This section presumes a woman did not consent to sexual intercourse in certain rape prosecutions if she states so in court.

What are the elements of Section 114A of IEA?

The essential elements of Section 114A of IEA are: The prosecution must be under specific clauses of section 376 of the Indian Penal Code.; The woman must state in her evidence before the court that she did not consent to the sexual intercourse.; The key legal test is whether the woman's statement of non-consent is credible and supported by the circumstances..

What replaced Section 114A of IPC in BNS?

Section 114A of the Indian Penal Code (IPC) was replaced by Section 119 of the Bharatiya Nyaya Sanhita (BNS) 2023. Rape — lack of consent presumed: BSA retains.

Law Transition Mapping

Replaced by New Law

This SectionSection 114AIndian Evidence Act (IEA)

→

New LawSection 119Bharatiya Sakshya Adhiniyam (BSA)

⚠️ Material Change: Rape — lack of consent presumed: BSA retains.

View New Law Equivalent →Compare Side-by-Side →

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