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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 42: Opinion as to existence of general custom or right, when relevant
- Section 52: Facts of which Court shall take judicial notice
- Section 18: Admissions by persons expressly referred to by party to suit
- Section 71: Proof of document not required by law to be attested
- Section 49: Previous bad character not relevant, except in reply
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* Only for reference.