Which of the following presumptions is governed by Section 120 of the Bharatiya Sakshya Adhiniyam, 2023?
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 114A of the Indian Evidence Act, 1872) deals with the presumption as to absence of consent in certain…
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Which of the following presumptions is governed by Section 120 of the Bharatiya Sakshya Adhiniyam, 2023?
Answer and explanation
Correct answer B
Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 114A of the Indian Evidence Act, 1872) deals with the presumption as to absence of consent in certain prosecutions for rape under Section 64(2) of the Bharatiya Nyaya Sanhita, 2023. Where sexual intercourse by the accused is proved and the woman states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent. Presumption as to dowry death is under Section 118, presumption as to abetment of suicide by a married woman is under Section 117, and conclusive proof of legitimacy is under Section 116.
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