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What is the nature of the presumption as to absence of consent in certain prosecutions for rape under…

Under Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 114A of the Indian Evidence Act, 1872), in a prosecution for rape under Section 64(2) of the…

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What is the nature of the presumption as to absence of consent in certain prosecutions for rape under Section 120 of the Bharatiya Sakshya Adhiniyam, 2023?

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Under Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 114A of the Indian Evidence Act, 1872), in a prosecution for rape under Section 64(2) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376(2) of the Indian Penal Code, 1860), 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.

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