Which of the following facts, the Court may presume to exist?
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 114A of the Indian Evidence Act, 1872) recognises a presumption as to absence of consent where the…
Choose your answer
Which of the following facts, the Court may presume to exist?
Answer and explanation
Correct answer A
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 114A of the Indian Evidence Act, 1872) recognises a presumption as to absence of consent where the woman so states in her evidence in a prosecution for rape under section 64(2) of the Bharatiya Nyaya Sanhita, 2023, so the court may act on "When a woman states in her evidence before the Court that she did not consent for sex." Sweeping generalisations such as "A child will never lie." or "A priest will always speak truth." are not presumptions recognised by the Adhiniyam.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision