Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 114ABSA 120

Presumption as to absence of consent in certain prosecution for rape

Canonical: https://www.vakilpedia.com/iea-114a-to-bsa

What changed

  • IPC sections are replaced by corresponding BNS sections.

Drafting-ready

Under Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 114A of the Indian Evidence Act, 1872)...

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. CHAPTER VIII ESTOPPEL

Frequently asked

What is IEA 114A equivalent in BSA?

IEA Section 114A (Presumption as to absence of consent in certain prosecution for rape) corresponds to Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 114A and BSA 120?

IPC sections are replaced by corresponding BNS sections.

How do I cite BSA 120 in a pleading?

Under Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 114A of the Indian Evidence Act, 1872)...

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