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The Indian Evidence Act- The provision of the Evidence Act may be helpful in establishing the offense of sexual harassment at the workplace.
Section 7. Facts which are the occasion, cause or effect of facts in issue – Facts which are the occasion, cause, or effect, immediately or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.
Section 8. Motive, preparation, and previous or subsequent conduct – Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offense against whom is subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact ins issue or relevant fact, and whether it was previous or subsequent thereto.
Explanation 1- The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than statements, but this explanation is not to affect the relevancy of statements under any other section of this Act.
Explanation 2—When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct is relevant.
Section 102. On whom the burden of proof lies – The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustration – A sues B for the land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A.
Section 114-A: Presumption as to the absence of consent in certain prosecution for rape –
In a prosecution for rape where sexual intercourse by the accused is proved and the question is whether, it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent. This Section was amended to extend the presumption of lack of consent to all clauses of Section 376 (2) of the Indian Penal Code.
