Section 120 Earlier Evidence Act 114A
Presumption as to absence of consent in certain prosecution for rape
Chapter 7: Of the burden of proof
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
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- 115Presumption as to certain offencesEvidence Act 111A
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- 118Presumption as to dowry deathEvidence Act 113B
- 119Court may presume existence of certain factsEvidence Act 114