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Section 120 - The Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023
120. Presumption as to absence of consent in certain prosecution for rape.
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.
Related Sections
- Section 10: Facts tending to enable Court to determine amount are relevant in suits for damages
- Section 124: Who may testify
- Section 104: Burden of proof
- Section 32: Relevancy of statements as to any law contained in law books including electronic or digital form
- Section 3: Evidence may be given of facts in issue and relevant facts
Related Acts
- Collection of Statistics (Amendment) Act, 2017
- Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019
- National Nursing and Midwifery Commission Act, 2023
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- The Bharatiya Nagarik Suraksha Sanhita, 2023
* Only for reference.