IEA §114A → BSA §120
Presumption as to absence of consent in certain prosecution for rape
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Comparison
1[114A. Presumption as to absence of consent in certain prosecution for rape. ––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).] STATE AMENDMENT Chhattisgarh Insertion of new Section 114B.––After section 114A of the Indian Evidence Act, the following shall be inserted, namely:––
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. Presumption as to absence of consent in certain prosecution for rape. Explanation.—In this section, "sexual intercourse" shall mean any of the acts mentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023. CHAPTERVIII ESTOPPEL
What changedAI-inferred
Presumption as to absence of consent in certain prosecutions for rape.
Old position
IEA 114A is concerned with Presumption as to absence of consent in certain prosecution for rape. 1[114A
New position
BSA 120 preserves the framework with drafting modernisations as required by the new code. Topic: CHAPTER VIII.. 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
BSA 120 (CHAPTER VIII.) preserves the framework of IEA 114A. BSA 120 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 120 text: In a prosecution for rape under sub-section(2) of section 64 of the...
Editorial deltaAI-indicated (source-linked)
BSA 120 (CHAPTER VIII.) preserves the framework of IEA 114A. BSA 120 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 120 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 114A continues to apply. For matters from that date forward, BSA 120 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 120 (CHAPTER VIII.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §114A → BSA §120 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/114A.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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