Bharatiya Sakshya Adhiniyam, 2023
BSA Section 120
Presumption as to absence of consent in certain prosecution for rape
In one line
BSA Section 120 deals with presumption as to absence of consent in certain prosecution for rape and replaces Evidence Act 114A.
Bare act text — BSA 120
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.
What changed from the Evidence Act
- Evidence Act 114A → BSA 120: IPC sections are replaced by corresponding BNS sections.
Frequently asked
What was BSA Section 120 in the Evidence Act?
BSA Section 120 (Presumption as to absence of consent in certain prosecution for rape) replaces Section 114A of the Indian Evidence Act, 1872. Evidence Act 114A is now BSA 120.
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Nearby BSA sections
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- BSA 116 — Birth during marriage, conclusive proof of legitimacy
- BSA 117 — Presumption as to abetment of suicide by a married woman
- BSA 118 — Presumption as to dowry death
- BSA 119 — Court may presume existence of certain facts
- BSA 121 — Estoppel
- BSA 122 — Estoppel of tenant and of licensee of person in possession
- BSA 123 — Estoppel of acceptor of bill of exchange, bailee or licensee
- BSA 124 — Who may testify
- BSA 125 — Witness unable to communicate verbally