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Section 120: Presumption as to absence of consent in certain prosecution for rape.

The Bharatiya Sakshya Adhiniyam, 2023Central Act · Act 47 of 2023

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.

Where this provision sits

ActThe Bharatiya Sakshya Adhiniyam, 2023
Section120
Marginal notePresumption as to absence of consent in certain prosecution for rape.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it2

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