120. In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, 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 such woman states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent. Explanation.—In this section, "sexual intercourse" shall mean any of the acts mentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023.
BSA Section 120: Presumption as to absence of consent in certain prosecution for rape
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 deals with presumption as to absence of consent in certain prosecution for rape. It replaces Evidence Act 114A of the Indian Evidence Act, 1872.
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Text of BSA Section 120
Evidence Act sections replaced
- Evidence Act 114A: Presumption as to absence of consent in certain prosecution for rape
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