Section 120 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 – Presumption Regarding Absence of Consent in Certain Rape Prosecutions
Overview:
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023, establishes a legal presumption in rape cases prosecuted under Section 64(2) of the Bharatiya Nyaya Sanhita, 2023. This presumption aids in cases where the accused's sexual intercourse is proven, and the central issue is whether it occurred without the woman's consent.(
Key Provisions:
Presumption of Non-Consent: In prosecutions for rape under Section 64(2) of the Bharatiya Nyaya Sanhita, 2023, if sexual intercourse by the accused is established, and the woman testifies that she did not consent, the court shall presume that she did not consent.(taxguru.in)
Definition of Sexual Intercourse: The term "sexual intercourse" refers to acts specified in Section 63 of the Bharatiya Nyaya Sanhita, 2023.(law4u.in)
Explanation:
This section mandates that in specific rape cases, once the act of sexual intercourse is proven, and the woman asserts non-consent, the court is required to presume absence of consent. This presumption is rebuttable; the accused can present evidence to counter this presumption.(apnilaw.com)
Illustrative Example:
In a case where a teacher is prosecuted under Section 64(2) for raping a student, and the student testifies that she did not consent to the act, the court must presume that the act was without consent, provided the act of sexual intercourse is established.(apnilaw.com)
Importance in Legal Proceedings:
Section 120 strengthens the position of the victim in rape cases, especially where power imbalances exist, such as in cases involving authority figures. It ensures that the victim's testimony regarding non-consent is given due weight, facilitating a fair trial.(
Conclusion:
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023, plays a crucial role in upholding the rights of women in rape prosecutions, ensuring that the absence of consent is presumed under specified conditions, thereby aiding in the pursuit of justice.(
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