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Report No. 84

7.11. Recommendation to add section 111A in the Evidence Act.-

In the light of the above discussion, we recommend the insertion of the following new section in the Indian Evidence Act, 1872:

"111A. In a prosecution for rape or attempt to commit rape, where sexual intercourse is proved and the question is whether if was without the consent of the woman and the woman with whom rape is alleged to have been committed or attempted states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent."

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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