IEA 114A→BSA 120

IEA 114A to BSA 120: Presumption as to absence of consent in certain prosecution for rape

Section 114A IEA (1872) replaced by Section 120 BSA (2023)

View IEA Section 114A →View BSA Section 120 →

IEA 114A to BSA 120 at a Glance

Section 114A IEA (Presumption as to absence of consent in certain prosecution for rape) is now Section 120 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 114A to BSA 120?

Section 114A of the Indian Evidence Act, 1872 became Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change in the presumption. The list of clauses of IPC section 376(2) reads "sub-section (2) of section 64" of the BNS, and "sexual intercourse" now refers to section 63 of the BNS.

IEA 114A vs BSA 120: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section114A120
HeadingPresumption as to absence of consent in certain prosecution for rapeSame

IEA 114A and BSA 120: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 114A, IEA 1872

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).
BSA 2023 (in force)

Section 120, BSA 2023

120. Presumption as to absence of consent in certain prosecution for rape.—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.

When It Applies: IEA 114A vs BSA 120

Under IEA 114A
  1. Applies in a criminal trial for rape under clauses (a) through (n) of Indian Penal Code (45 of 1860) Section 376(2).
  2. Applies when sexual intercourse by the accused, as defined under Indian Penal Code (45 of 1860) Section 375 clauses (a) to (d), is proved in court.
  3. Applies when the disputed question in the trial is whether the act happened without consent from the woman alleged to have been raped.
  4. Requires the court to presume lack of consent when the woman testifies in evidence before the court that the woman did not consent.
Under BSA 120
  1. Applies in a prosecution for rape brought under Bharatiya Nyaya Sanhita, 2023 Section 64(2).
  2. Applies when sexual intercourse by the accused, meaning any act mentioned in Bharatiya Nyaya Sanhita, 2023 Section 63, is proved.
  3. Applies when the question before the Court is whether the act was committed without consent from the woman alleged to have been raped.
  4. Requires the Court to presume lack of consent when the woman states in evidence before the Court that the woman did not consent.

What IEA 114A to BSA 120 Means in Practice

The same mandatory presumption as to absence of consent applies without any substantive change, and a reader should cite Section 120 BSA for matters governed by the Adhiniyam. Instead of listing clauses (a) to (n) of Indian Penal Code (45 of 1860) Section 376(2) and clauses (a) to (d) of Section 375, Section 120 BSA refers to Bharatiya Nyaya Sanhita, 2023 Section 64(2) and Section 63.

FAQs: IEA 114A to BSA 120

Did the replacement of Section 114A IEA with Section 120 BSA alter the conditions for the presumption?▼

No. The mandatory presumption requires the same conditions in court, while replacing references to Indian Penal Code (45 of 1860) Sections 376(2) and 375 with Bharatiya Nyaya Sanhita, 2023 Sections 64(2) and 63.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·