What is BSA Section 120 in IEA?

BSA Section 120 (120. Presumption as to absence of consent in certain prosecution for rape.(Change)) now corresponds to IEA Section 114A — 114A. Presumption as to absence of consent in certain prosecution for rape.. The text has changed.

The text has changed

BSA Section 120 is now IEA Section 114A

120. Presumption as to absence of consent in certain prosecution for rape.(Change)

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Old law

BSA §120

120. Presumption as to absence of consent in certain prosecution for rape.(Change)

120.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.

114A. Presumption as to absence of consent in certain prosecution for rape.

114A. In a prosecution for rape under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k), clause (l), clause (m) or clause (n) of sub-section (2) of section 376 of the Indian Penal Code (45 of 1860), 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 clauses (a) to (d) of section 375 of the Indian Penal Code (45 of 1860).