Section 114A of IEA : Section 114A: Presumption As To Absence Of Consent In Certain Prosecution For Rape

Explanation using Example

Imagine a scenario where a woman has filed a case of rape against a man. During the trial, it is established that sexual intercourse did occur between the accused and the woman. The central issue becomes whether the intercourse was consensual. The woman testifies in court that she did not give her consent. According to Section 114A of the Indian Evidence Act, the court is then required to presume that the sexual intercourse was not consensual. This shifts the burden of proof to the accused, who must now demonstrate that the intercourse was consensual to avoid a conviction for rape.