Ethics · 10 Aug 2026

Section 114A Evidence Act presumption

Which one of the following correctly describes the effect of Section 114A of the Indian Evidence Act?

AIt presumes the absence of consent once sexual intercourse is proved and the woman testifies that she did not consent.
BIt bars the use of a survivor's past sexual history or moral character as evidence in a trial.
CIt mandates that trial courts hear expert psychological testimony before ruling on the credibility of a sexual assault survivor.
DIt requires corroboration of a survivor's testimony through independent forensic evidence before a conviction can be recorded.
This question is based on: The Trial Court Read Her Calm as Guilt. The High Court Called That the Real Crime.
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About this question

Why in news

The Bombay High Court's Goa bench overturned Tarun Tejpal's 2021 acquittal, applying Section 114A's presumption of non-consent while criticising the trial court for permitting invasive cross-examination on the survivor's sexual history in violation of Section 53A.

Why for UPSC

UPSC often tests precise distinctions between two related evidentiary provisions (114A and 53A) that serve different but complementary protective functions - a common way to check whether aspirants conflate similar-sounding legal safeguards.

Prelims summary

Section 114A of the Evidence Act presumes absence of consent once intercourse is proved and the survivor testifies non-consent; this is distinct from Section 53A, which bars use of past sexual history as evidence.

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