Indian Evidence Act, 1872
114 A. Presumption as to absence of consent in certain
prosecutions for rape
In a prosecution for
rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e)
or clause (g) of sub-section (2) or 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
she states in her evidence before the Court that she did not consent, the Court
shall presume that she did not consent.]