Review of Laws and Legislative Measures Affecting Women
by National Commission for Women (NCW)

No. 29: Indian Evidence Act, 1872


Suggested Amendment by NCW

Section 114B:

  1. Insertion of new Section 114B presumption as to the Commission of sexual intercourse. It may be added that in a prosecution for the offence of rape, where the question whether sexual intercourse had been committed an the woman or child alleged to have been raped describes the act of sexual intercourse had been committed, the court trying the offence shall presume that sexual intercourse had, in fact been committed.

  2. Further amendment also proposed to Section 155 of the Indian Evidence Act with regard to prosecutrix's past sexual experience if any, is of no consequence.

 

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