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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 13: Facts bearing on question whether act was accidental or intentional
- Section 114: Proof of good faith in transactions where one party is in relation of active confidence
- Section 139: Number of witnesses
- Section 58: Secondary Evidence
- Section 160: Former statements of witness may be proved to corroborate later testimony as to same fact
Related Acts
* Only for reference.