Presumption of absence of consent: court must presume lack of consent when intercourse is proved and complainant testifies she did not consent. Presumption of absence of consent applies where sexual intercourse by the accused is proved and the woman testifies she did not consent; the Court shall presume absence of consent. 'Sexual intercourse' for this purpose means the acts specified in section 63 of the Bharatiya Nyaya Sanhita, 2023.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumption of absence of consent: court must presume lack of consent when intercourse is proved and complainant testifies she did not consent.
Presumption of absence of consent applies where sexual intercourse by the accused is proved and the woman testifies she did not consent; the Court shall presume absence of consent. "Sexual intercourse" for this purpose means the acts specified in section 63 of the Bharatiya Nyaya Sanhita, 2023.
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