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.
Evidence Act Section 114A in BSA: Section 120
Presumption as to absence of consent in certain prosecution for rape
Section 114A of the Indian Evidence Act, 1872 (Presumption as to absence of consent in certain prosecution for rape) corresponds to Section 120 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
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Text of BSA Section 120
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