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Criminal Law (Amendment) Act, 2013


Substitution of new section for section 114A.

26. For section 114A of the Evidence Act, the following section shall be substituted, namely:-

Presumption as 10 absence of consent in certain prosecution for rape.

'II4A. In a prosecution for rape under clause (0), clause (b), clause (c), clause (d), clause (e), clause (j), clause (g), clause (h), clause ('), clause (j), clause (k), clause (f), clause (m) or clause (n) of sub-section (2) of section 376 of the Indian Penal Code, 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 (0) to (d) of section 375 of the Indian Penal Code.'.



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