IEA Section 111A — Presumption as to certain offences

Summary

If a person is accused of certain serious offences, and it is shown that they were in a disturbed area at a time when firearms or explosives were used from that place to attack or resist armed forces or public order forces doing their duty, the court will presume that the person committed the offence. The person can avoid this presumption only by proving otherwise. The offences covered include waging war against the government, sedition, or related conspiracy or attempt.

Official Text

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

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

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

an offence under section 121, section 121A section 122 or section 123 of the Indian Penal Code (45 of 1860);
criminal conspiracy or attempt to commit, or abatement of, an offence under section 122 or section 123 of the Indian Penal Code (45 of 1860).

Old <-> New Code Mapping

• BSA §115 — Presumption as to certain offences