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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 99: Evidence as to application of language which can apply to one only of several persons
- Section 40: Facts bearing upon opinions of experts
- Section 126: Competency of husband and wife as witnesses in certain cases
- Section 53: Facts admitted need not be proved
- Section 88: Presumption as to certified copies of foreign judicial records
Related Acts
* Only for reference.