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Report No. 84

7.13. Burden of proof in case of a person in authority.-

In the course of our oral discussions1 with women's organisations, it was stated that in the case of a person in authority who has sexual intercourse with a woman under his authority, the burden of proof of consent should be placed on the accused. The amendment just now recommended by us2 would, in substance, achieve the object underlying these suggestions.

1. Oral discussions held on 15th April, 1980.

2. Para. 7.11, supra.

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

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