Question

Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 creates a rebuttable presumption regarding rape allegations. Which statement correctly describes this provision?

A The court must presume the accused intended rape regardless of surrounding circumstances
B In prosecution for offences under Bharatiya Nyaya Sanhita, 2023 Sections 64-78 (sexual offences), where the question is whether consent exists, the Court shall presume the absence of consent, shifting the burden to the accused to prove the victim's consent
C This presumption applies only if the victim was a minor at the time of the alleged offence
D The presumption is conclusive proof of guilt; no further evidence is required
E The presumption applies only in cases where the accused does not deny the sexual act
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