Section 114A IEA: Presumption as to absence of consent in certain prosecution for rape

Indian Evidence Act, 1872

Section 114A IEA at a Glance

Section 114A IEA deals with presumption as to absence of consent in certain prosecution for rape. From 1 July 2024 it is replaced by Section 120 BSA.

Now BSA

Section 120 →

Section 114A IEA Bare Act Text

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).

Source: Section 114A, Indian Evidence Act, 1872

Section 114A IEA in Simple Words

Section 114A of the Indian Evidence Act, 1872 requires a court to presume lack of consent in specified rape trials. When the legal conditions are met, the court must presume that the woman did not consent.

The rule applied to rape prosecutions under clauses (a) through (n) of Indian Penal Code (45 of 1860) Section 376(2). For the rule to apply, the prosecution had to prove sexual intercourse by the accused. Next, the issue before the court had to be whether the act occurred without consent from the woman. Finally, the woman had to state in evidence before the court that the woman did not give consent.

Once all these conditions were met, the court had to presume that the woman did not consent. An Explanation to Section 114A IEA defines sexual intercourse for this rule. It means any act listed in clauses (a) to (d) of Indian Penal Code (45 of 1860) Section 375.

When Section 114A IEA Applies

Applies in a criminal trial for rape under clauses (a) through (n) of Indian Penal Code (45 of 1860) Section 376(2).
Applies when sexual intercourse by the accused, as defined under Indian Penal Code (45 of 1860) Section 375 clauses (a) to (d), is proved in court.
Applies when the disputed question in the trial is whether the act happened without consent from the woman alleged to have been raped.
Requires the court to presume lack of consent when the woman testifies in evidence before the court that the woman did not consent.

Example of Section 114A IEA

In 2022, a court in Pune hears a rape prosecution under Indian Penal Code (45 of 1860) Section 376(2)(a) where the dispute is whether Anita consented to sexual intercourse with Ramesh. The prosecution proves that sexual intercourse by the accused took place. Anita states in evidence before the court that the act took place without consent. Under Section 114A IEA, the Pune court must presume that Anita did not consent to the sexual intercourse.

Section 114A IEA in the BSA

Section 114A IEA is now covered under Section 120 BSA.

Section 114A of the Indian Evidence Act, 1872 became Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change in the presumption. The list of clauses of IPC section 376(2) reads "sub-section (2) of section 64" of the BNS, and "sexual intercourse" now refers to section 63 of the BNS.

View detailed comparison (IEA 114A vs BSA 120) →

FAQs on Section 114A IEA

What is Section 114A IEA?▼

Section 114A of the Indian Evidence Act, 1872 is a rule of mandatory presumption in prosecutions for rape under clauses (a) through (n) of Indian Penal Code (45 of 1860) Section 376(2). When sexual intercourse by the accused is proved and the woman states in court evidence that consent was not given, the court must presume the absence of consent.

Does the court have a choice about applying the presumption under Section 114A IEA?▼

No. The text of Section 114A IEA directs that the court must presume the absence of consent once the statutory conditions are met.

How does Section 114A IEA define sexual intercourse?▼

Acts listed in clauses (a) to (d) of Indian Penal Code (45 of 1860) Section 375 constitute sexual intercourse under the Explanation to Section 114A IEA.

What is Section 114A IEA in BSA?▼

Section 120 BSA replaces Section 114A IEA from 1 July 2024 without any substantive change in the presumption. References to the Indian Penal Code (45 of 1860) are updated to Bharatiya Nyaya Sanhita, 2023 Section 64(2) and Section 63.

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Sources: Bare Act Text, Indian Evidence Act, 1872 ·