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

Explanation using Example

Example 1:

A woman named Priya files a complaint against a man named Raj, accusing him of raping her. During the trial, it is established that Raj had sexual intercourse with Priya. Priya testifies in court that she did not consent to the sexual intercourse. According to Section 120 of the Bharatiya Sakshya Adhiniyam 2023, the court will presume that Priya did not consent, shifting the burden of proof to Raj to provide evidence that Priya did consent.

Example 2:

A college student, Anjali, accuses her classmate, Vikram, of raping her after a party. The prosecution proves that Vikram had sexual intercourse with Anjali. Anjali testifies in court, stating that she was unconscious and did not give her consent. Under Section 120 of the Bharatiya Sakshya Adhiniyam 2023, the court will presume that Anjali did not consent to the sexual intercourse, and it will be up to Vikram to prove otherwise.