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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:
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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.
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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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