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.
Bharatiya Sakshya Adhiniyam, 2023
Section 111 Burden of proving that person is alive who has not been heard of for seven years
Section 113 Burden of proof as to ownership
Section 114 Proof of good faith in transactions where one party is in relation of active confidence
Section 115 Presumption as to certain offences
Section 116 Birth during marriage, conclusive proof of legitimacy
Section 117 Presumption as to abetment of suicide by a married woman
Section 118 Presumption as to dowry death
Section 119 Court may presume existence of certain facts
Section 120 Presumption as to absence of consent in certain prosecution for rape