Bharatiya Sakshya Adhiniyam, 2023
Section 120, BSA: Presumption as to absence of consent in certain prosecution for rape
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023, in the Act's own words, with the Evidence Act provision it replaces.
What it replaces
| BSA provision | Evidence Act provision | Relation |
|---|---|---|
| Section 120 | Section 114A | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: Evidence Act to BSA.
The section
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.The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Sakshya Adhiniyam, 2023, section 120 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)