PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT

The Justice System of India does assume innocence and gives it greater importance than focusing on punishment and conviction. Therefore, naturally in most cases, the burden to prove that accused has committed said offence lies on the prosecution. However, there are exceptions to this rule including the offence of rape. Rape victims are made to experience the offence twice – once when it happens and again when the trial goes on. This is because of the pre-existing myths and stereotypes that hound the victims. This paper attempts to analyse the idea and impact of presumption of consent by studying relevant law commission reports and case laws.