Evidence Act · Chapter VII · Of the burden of proof

Evidence Act section 114A in the BSA

Evidence Act 114ABSA 120

Evidence Act section 114A, “Presumption as to absence of consent in certain prosecution for rape”, is now BSA section 120 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 114A to BSA 120

Now BSA section 120, with the same presumption of absence of consent; the offences are referred to by BNS sections.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 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).

Bharatiya Sakshya Adhiniyam, 2023

Section 120 Presumption as to absence of consent in certain prosecution for rape

In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, 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 section 63 of the Bharatiya Nyaya Sanhita, 2023.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).