BSA Section 120: Presumption as to absence of consent in certain prosecution for rape
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 7: Of the Burden of Proof
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¶120. 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.\u2014In this section, "sexual intercourse" shall mean any of the acts mentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023.
Study: explanations and related material
Replaces IEA 114A. IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 104. Burden of proof
- 105. On whom burden of proof lies
- 106. Burden of proof as to particular fact
- 107. Burden of proving fact to be proved to make evidence admissible
- 108. Burden of proving that case of accused comes within exceptions
- 109. Burden of proving fact especially within knowledge
- 110. Burden of proving death of person known to have been alive within thirty years
- 111. Burden of proving that person is alive who has not been heard of for seven years
- 112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 113. Burden of proof as to ownership
- 114. Proof of good faith in transactions where one party is in relation of active confidence
- 115. Presumption as to certain offences
- 116. Birth during marriage, conclusive proof of legitimacy
- 117. Presumption as to abetment of suicide by a married woman
- 118. Presumption as to dowry death
- 119. Court may presume existence of certain facts