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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…

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Which of the following facts, the Court may presume to exist?

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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.

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