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.
