Correct option is B
The correct answer is
(b) shall presume that she did not consent. In cases of rape, especially where there is a relationship of trust, such as between a doctor and patient, the law typically presumes lack of consent if the woman says she did not consent. The burden shifts to the accused to prove that there was consent.
Information Booster:
Presumption in Rape Cases (Section 114A of the Indian Evidence Act): In cases of rape where the victim asserts that she did not consent, Section 114A of the Indian Evidence Act mandates that the court shall presume the absence of consent. This presumption is particularly strong in cases involving positions of trust or authority, like that of a doctor.
Additional Knowledge:
·
(a) Will need proof: This is incorrect because the law presumes lack of consent in such cases, placing the burden on the accused to prove otherwise.
·
(c) May need corroboration: While corroboration can strengthen a case, the presumption of no consent does not require additional evidence unless challenged effectively by the defense.
·
(d) May presume or may not presume her consent: This option is incorrect because the law specifically presumes no consent in such cases unless proven otherwise by the accused.
