Bharatiya Sakshya Adhiniyam
Chapter 7
of the Burden of Proof
Section 120 • Presumption as to absence of consent in certain prosecutions for rape
Description
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.
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.
📖 Understanding This Section
This section is part of Bharatiya Sakshya Adhiniyam, Chapter 7 (of the Burden of Proof). Legal provisions are subject to interpretation by courts and may be amended by legislation. For specific legal advice regarding this section, please consult a qualified legal professional.