Among the following provisions of the Bharatiya Sakshya Adhiniyam, 2023, which one falls under Chapter…
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 114A of the Indian Evidence Act, 1872) is part of Chapter VII ('Of the Burden of Proof') and raises a…
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Among the following provisions of the Bharatiya Sakshya Adhiniyam, 2023, which one falls under Chapter VII (Of the Burden of Proof) and raises a mandatory presumption as to absence of consent in certain prosecutions for rape, rather than dealing with electronic signatures, digital signatures, or electronic Gazettes?
Answer and explanation
Correct answer B
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 114A of the Indian Evidence Act, 1872) is part of Chapter VII ('Of the Burden of Proof') and raises a mandatory presumption ('shall presume') as to absence of consent in certain prosecutions for rape. By contrast, Section 81 (formerly Section 81A IEA) deals with the presumption as to Gazettes in electronic or digital record, Section 73 (formerly Section 73A IEA) with verification of digital signature, and Section 41(2) (formerly Section 47A IEA) with opinion as to electronic signature.
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