Law4u - Made in India

What Is BSA Section 120?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 120: Presumption as to Absence of Consent in Certain Prosecution for Rape

In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, 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.

Explanation: In this section, sexual intercourse shall mean any of the acts mentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023.

Brief Detail

This section establishes a legal presumption regarding the absence of consent in rape cases. If sexual intercourse is proven and the woman asserts that she did not consent, the court will presume that consent was indeed absent. The definition of sexual intercourse aligns with the specifications in the Bharatiya Nyaya Sanhita, 2023.

Question & Answers

Q1: What does Section 120 of the Bhartiya Sakshya Adhiniyam, 2023 address?

A1: It addresses the presumption of absence of consent in cases of rape when sexual intercourse is proven.

Q2: Under what conditions does the court presume that consent was absent?

A2: The court presumes that consent was absent if the accused's sexual intercourse is proven and the woman states in her evidence that she did not consent.

Q3: How does this section impact the prosecution of rape cases?

A3: It strengthens the position of the victim by establishing a presumption that can aid in the prosecution's case when consent is disputed.

Q4: What is meant by sexual intercourse in this context?

A4: Sexual intercourse refers to any of the acts specified in section 63 of the Bharatiya Nyaya Sanhita, 2023.

Example

1. Case Example: In a rape case where the accused's act of sexual intercourse is established, and the victim testifies in court that she did not consent, the court will automatically presume that she did not consent, reinforcing her statement.

2. Legal Application: If a woman provides credible testimony regarding her lack of consent following proven sexual intercourse, the presumption of absence of consent can significantly influence the court's judgment.

Summary

Section 120 of the Bhartiya Sakshya Adhiniyam, 2023 creates a presumption regarding the absence of consent in rape prosecutions. If the accused's sexual intercourse is established and the victim claims non-consent, the court must presume that consent was absent. This provision aims to provide greater protection to victims and facilitate justice in cases of sexual violence.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Surja Ram

Advocate Surja Ram

Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Recovery

Get Advice
Advocate Vivek Verma

Advocate Vivek Verma

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Madan Mohan Sharma

Advocate Madan Mohan Sharma

Cheque Bounce, Civil, Consumer Court, Motor Accident, Family

Get Advice
Advocate Ganesh Nikalje

Advocate Ganesh Nikalje

Anticipatory Bail,Cheque Bounce,Criminal,High Court,R.T.I,Arbitration,Bankruptcy & Insolvency,Armed Forces Tribunal,Banking & Finance,Breach of Contract,Child Custody,Civil,Court Marriage,Corporate,Consumer Court,Customs & Central Excise,Documentation,GST,Cyber Crime,Domestic Violence,Family,Immigration,Insurance,International Law,Landlord & Tenant,Labour & Service,Divorce,Medical Negligence,NCLT,Patent,Muslim Law,Media and Entertainment,Motor Accident,Property,Recovery,RERA,Startup,Supreme Court,Wills Trusts,Trademark & Copyright,Succession Certificate,

Get Advice
Advocate Pintu Mehra

Advocate Pintu Mehra

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Satendra Singh

Advocate Satendra Singh

Criminal, Anticipatory Bail, High Court, Family, Domestic Violence, Documentation, Corporate, Court Marriage, Customs & Central Excise, Cheque Bounce

Get Advice
Advocate Sudheesh K

Advocate Sudheesh K

Family, Divorce, Anticipatory Bail, Criminal, Motor Accident, Cheque Bounce, Recovery, Child Custody, Cyber Crime, Domestic Violence, High Court, Breach of Contract, Arbitration, Civil, Consumer Court, Labour & Service, Landlord & Tenant, Patent, Property, R.T.I, Revenue, Wills Trusts, Trademark & Copyright, Bankruptcy & Insolvency, Banking & Finance, Corporate, Court Marriage, Customs & Central Excise, Documentation, GST, Immigration, Insurance, International Law, Media and Entertainment, Medical Negligence, Muslim Law, RERA, Tax, Succession Certificate, Startup

Get Advice
Advocate Rahul Sharma

Advocate Rahul Sharma

Arbitration,Cheque Bounce,Civil,Consumer Court,Court Marriage,Divorce,Family,

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.