Section 114A, Evidence Act 1872 — replaced by Section 120, BSA 2023 (in force 1 Jul 2024). The prior code continues to govern matters arising before that date (savings: Section 170, BSA 2023).
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).] Substituted by Criminal Law (Amendment) Act, 2013 (w.e.f. 03/02/2013).