Abstract

Under Section 114A, Indian Evidence Act, 1872 (hereinafter referred to as “IEA”), absence of consent in rape cases is presumed. This legislature aims to benefit and protect alleged rape victims. However, its implementation is fraught with obstacles, particularly with respect to its hypothetical clash between with the globally accepted legal principle of presumption of innocence (i.e., every defendant in a criminal trial is presumed to be innocent until the prosecutor has presented sufficient evidence and arguments to prove beyond a reasonable doubt that the accused has committed the crime.) This article is descriptive in nature and aims to objectively provide a detailed account of the subject matter and establish a baseline understanding of Section 114A of the IEA and its clash with the principle of the presumption of innocence in cases of sexual offence. It discusses the rationale behind Section 114A, the unique challenges in evidentiary procedures in rape cases and this section’s implications on the rights of an accused person. As an important matter related to human rights, striking a balance between protecting sexual assault victims and upholding the rights of the accused is paramount to ensure justice and fairness in the legal system.

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