BSA Section 120 — Presumption as to absence of consent in certain prosecution for rape

Summary

In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, if sexual intercourse by the accused is proved and the question before the Court is whether it was without the woman's consent, and that woman states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.

The Explanation clarifies that for this section, the term "sexual intercourse" means any of the acts mentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023.

Official Text

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.

Sections referred to

• BNS §63 — Rape
• BNS §64 — Punishment for rape

Old <-> New Code Mapping

• IEA §114A — Presumption as to absence of consent in certain prosecution for rape