[amp_mcq option1=”Section 113A” option2=”Section 113B” option3=”Section 114″ option4=”Section 114A ” correct=”option1″]<\/p>\n
The correct answer is (a) Section 113A.<\/p>\n
Section 113A of the Indian Evidence Act 1872 provides for a presumption as to absence of consent in certain prosecutions for rape. The section states that where a man has sexual intercourse with a woman under circumstances falling within any of the following descriptions, the court shall presume, unless the contrary is proved, that she did not consent to the sexual intercourse:<\/p>\n
(a) that she was under eighteen years of age at the time of the sexual intercourse;
\n(b) that she was under the influence of drink or drugs at the time of the sexual intercourse;
\n(c) that she was at the time of the sexual intercourse under a mental disorder or mental disability;
\n(d) that she had been subjected to violence or threats of violence at the time of the sexual intercourse;
\n(e) that she had been deceived as to the nature of the sexual act;
\n(f) that she had been deceived as to the identity of the person with whom she was having sexual intercourse;
\n(g) that she had been given false information as to the nature and consequences of the sexual act; or
\n(h) that she had been given false information as to the possibility of her becoming pregnant as a result of the sexual act.<\/p>\n
The presumption under Section 113A is a rebuttable presumption, which means that the accused can prove that the woman did consent to the sexual intercourse. However, the burden of proof is on the accused to prove that the woman consented, and the court will not presume that she consented simply because the accused says so.<\/p>\n
The presumption under Section 113A is designed to help protect women who are victims of rape. It is a powerful tool that can be used to help secure convictions in rape cases. However, it is important to note that the presumption is not absolute, and the accused can still be acquitted if they can prove that the woman consented to the sexual intercourse.<\/p>\n","protected":false},"excerpt":{"rendered":"
[amp_mcq option1=”Section 113A” option2=”Section 113B” option3=”Section 114″ option4=”Section 114A ” correct=”option1″]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-194","post","type-post","status-publish","format-standard","hentry","category-law","no-featured-image-padding"],"yoast_head":"\n