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    Question

    Section 118 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 Correct Answer Incorrect Answer
    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 Correct Answer Incorrect Answer
    C This presumption applies only if the victim was a minor at the time of the alleged offence Correct Answer Incorrect Answer
    D The presumption is conclusive proof of guilt; no further evidence is required Correct Answer Incorrect Answer
    E The presumption applies only in cases where the accused does not deny the sexual act Correct Answer Incorrect Answer

    Solution

    Section 118 of the BSA provides: "In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023, where the question of consent is in issue, the Court shall presume the absence of consent." This creates a  rebuttable presumption : unless the accused proves consent exists, the court presumes absence of consent. This addresses power imbalances in sexual assault cases. The presumption is not conclusive (the accused can rebut it by proving affirmative consent) but shifts the evidentiary burden to the accused—once the prosecution establishes the sexual act, the onus of proving consent falls on the accused.

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