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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 63: Admissibility of electronic records
- Section 95: Exclusion of evidence of oral agreement
- Section 118: Presumption as to dowry death
- Section 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- Section 93: Presumption as to electronic records five years old
Related Acts
* Only for reference.