Section 120: Presumption as to absence of consent in certain prosecution for rape

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 15 of our papers cite Section 120. Try these from the free papers:

1. 1. Which of the following provisions of the Indian Evidence Act, 1872 have NO corresponding provision in the BSA? 1. Section 88 (presumption as to telegraphic messages) 2. Section 113 (proof of cession of territory) 3. Section 166 (power of jury or assessors to put questions) 4. Section 114A (presumption as to absence of consent in certain prosecutions for rape) Select the correct answer using the codes below.

   A.1, 2, 3 and 4B.1 and 2 onlyC.2, 3 and 4 onlyD.1, 2 and 3 only
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2. 2. Section 120 of the BSA, under which the Court shall presume absence of consent where sexual intercourse by the accused is proved and the woman states in her evidence that she did not consent, applies to a prosecution for rape under:

   A.sub-section (2) of Section 64 or Section 65 of the Bharatiya Nyaya Sanhita, 2023B.sub-section (2) of Section 64 of the Bharatiya Nyaya Sanhita, 2023C.any of Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023D.sub-section (1) of Section 64 of the Bharatiya Nyaya Sanhita, 2023
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