Question
Section 114A was introduced by the Criminal Law
Amendment Act, 1983 following the widespread protest against the judgment in the_______.Solution
Vishakha case, The Supreme Court had inspected the case which highlighted the problem of Gender inequality, outraging the modesty of women, sexual harassment at the workplace and rape as societal issue of utmost intensity. The case of K.M Nanavati is one of the landmark case in the Indian judiciary and this case is often associated with the test for grave and sudden provocation. Mathura case The Mathura rape case was an incident of custodial rape in India on 26 March 1972, wherein Mathura, a young tribal girl, was allegedly raped by two policemen on the compound of Desaiganj Police Station in Gadchiroli district of Maharashtra. This resulted in the Criminal Law Amendment Act being passed in 1983. This act amended Section 114(A) of the Indian Evidence Act, which stated that if the victim does not consent to sexual intercourse then the Court would presume that she did not consent [6]. Section 376 of the IPC was also amended, making custodial rape an offense punishable with not less than 7 years imprisonment. This section shifted the burden of proof from the victim to the offender, once sexual intercourse is established.[7]
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