Presumption as to absence of consent in certain prosecution for rape.

What this section does

In a prosecution for rape under section 64(2) of the Bharatiya Nyaya Sanhita 2023, where sexual intercourse by the accused is proved and the prosecutrix states in evidence that she did not consent, the court shall presume absence of consent. This is a mandatory presumption in favour of the prosecutrix. 'Sexual intercourse' means any of the acts mentioned in section 63 of BNS 2023.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Once sexual intercourse is proved and the prosecutrix deposes to non-consent in a s.64(2) BNS rape prosecution, the court shall mandatorily presume absence of consent.

When it applies

• In a rape trial under BNS s.64(2), where penetration is proved and the survivor testifies she did not consent, the court must presume non-consent without requiring further corroboration on that point.
• An accused who proves sexual intercourse occurred but fails to rebut the mandatory presumption of non-consent arising from the survivor's testimony will be presumed to have acted without consent.

Derived from IEA s.114A.