BSA Section 115 — Presumption as to certain offences

Summary

Sub-section (1) sets out when a presumption can be drawn against a person accused of certain offences. This applies if the offence was committed in either of two types of areas: (a) an area declared to be a disturbed area under any current law meant to suppress disorder and restore or maintain public order; or (b) an area where there has been, for more than one month, extensive disturbance of the public peace. In such a case, if it is shown that the accused person was at a place in that area at a time when firearms or explosives were used at or from that place to attack or resist members of any armed forces or forces responsible for maintaining public order while they were doing their duty, then the court must presume, unless the contrary is shown, that the accused committed the offence.

Sub-section (2) lists the specific offences to which sub-section (1) applies. These are: (a) an offence under section 147, section 148, section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023; and (b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023.

Official Text

(1) Where a person is accused of having committed any offence specified in sub-section (2), in—

(a) any area declared to be a disturbed area under any enactment for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order; or

(b) any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence.

(2) The offences referred to in sub-section (1) are the following, namely:—

(a) an offence under section 147, section 148, section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023;

(b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023.

Sections referred to

• BNS §150 — Concealing with intent to facilitate design to wage war
• BSA §147 — Evidence as to matters in writing
• BSA §148 — Cross-examination as to previous statements in writing
• BSA §149 — Questions lawful in cross-examination

Old <-> New Code Mapping

• IEA §111A — Presumption as to certain offences