Sexual offences and forensic psychiatry: presumption of absence of consent: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Sexual offences and forensic psychiatry: presumption of absence of consent

Sample item

Sexual intercourse is proved in a trial for gang rape, and the survivor states in court that she did not consent. What does the Indian law of evidence direct the court to do?

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

C. Presume that she did not consent

In prosecutions for aggravated forms of rape such as gang rape, once intercourse is proved and the woman says she did not consent, the court presumes absence of consent. The burden shifts to the accused to rebut it.

Option by option

  • A. Require corroboration by a medical officer before drawing any presumption

    Medical corroboration is not a condition of the presumption.

  • B. Require the prosecution to prove absence of consent afresh

    The statutory presumption removes the need to prove non-consent afresh.

  • C. Presume that she did not consent (correct)

    Correct. The court presumes absence of consent, and the accused must rebut it.

  • D. Presume that she consented unless injuries are shown

    The presumption is not that she consented; it runs the other way.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

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Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is C, Presume that she did not consent. In prosecutions for aggravated forms of rape such as gang rape, once intercourse is proved and the woman says she did not consent, the court presumes absence of consent.

Why is "Require corroboration by a medical officer before drawing any presump…" not the answer?

Medical corroboration is not a condition of the presumption.

Why is "Require the prosecution to prove absence of consent afresh" not the answer?

The statutory presumption removes the need to prove non-consent afresh.

Why is "Presume that she consented unless injuries are shown" not the answer?

The presumption is not that she consented; it runs the other way.

What concept does this question test?

It tests Sexual offences and forensic psychiatry: presumption of absence of consent in Forensic Medicine. The burden shifts to the accused to rebut it.

How hard is this question?

We tag it as a multi-step question: it asks you to combine more than one idea. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Sexual offences and forensic psychiatry: presumption of absence of consent?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.