§ SECTION 115 · BSA 2023 · CHAPTER VII — BURDEN OF PROOF

Presumption as to certain offences

A special presumption for disturbed areas. If a person accused of a State-security offence was present where firearms or explosives were used against the forces, the court presumes he committed it — unless the contrary is shown.

How to read Section 115

Disturbed area + present when weapons were used against the forces → presumed to have committed the offence, unless rebutted.

The setting

A declared disturbed area, or an area with over a month of extensive disturbance of public peace.

The link

The accused was at a place there when firearms or explosives were used, at or from it, to attack or resist the forces.

The presumption

It shall be presumed, unless the contrary is shown, that he committed the offence.

The bare Act

The section in its own words — the presumption (1) and the offences it covers (2).

Section 115 · verbatim

(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,

(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.

In short: this is an exceptional, security-driven presumption. In an area officially declared disturbed — or one that has seen more than a month of extensive unrest — if a person charged with an offence against the State (the BNS 2023 §§ 147–150 group) is shown to have been at a place when firearms or explosives were used, from or at that spot, to attack or resist the armed forces or public-order forces on duty, the court presumes he committed the offence. The onus then falls on the accused to displace it: the presumption holds only ‘unless the contrary is shown’. It is a rebuttable presumption — strong, but not conclusive.

→ This carries forward IEA 1872 § 111A — the disturbed-area presumption for offences against the State.

Glossary

disturbed area

An area officially declared disturbed under a law for suppressing disorder and restoring public order.

extensive disturbance of the public peace

Widespread unrest — here, lasting more than one month.

firearms or explosives used at or from that place

Weapons fired at, or from, the spot where the accused was.

to attack or resist the forces

The armed forces or public-order forces acting in their duties.

shall be presumed, unless the contrary is shown

Taken as proved unless the accused rebuts it — a rebuttable presumption.

the offences (sub-section 2)

BNS 2023 §§ 147–150 (against the State) + conspiracy / attempt / abetment of §§ 149–150.

The picture

Presence where weapons struck at the forces, in a disturbed area, lets the court presume guilt — until the accused rebuts it.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The presumption (1)The offences (2)

the presumptionDisturbed area + present when weapons struck the forces

In one lineIn a disturbed area (or one with over a month’s unrest), if the accused was present when firearms/explosives were used at or from that place to attack the forces, it is presumed he committed the offence — unless the contrary is shown.

(1) Where a person is accused of having committed any offence specified in sub-section (2), in—accused of a listed State offence, in an area of…the charge is one of the § (2) offences, committed in a qualifying area…

(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(a) an officially declared disturbed areaan area declared disturbed under a public-order law…

(b) any area in which there has been, over a period of more than one month, extensive disturbance of the public peace,(b) or an area with 1+ month of extensive unrest…or an area with more than a month of extensive disturbance.

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.→ present when arms struck the forces → presumed guilty (rebuttable)if he was at that place when arms/explosives were used to attack the forces, he is presumed to have committed the offence — unless he shows the contrary.

ExampleA hamlet is declared disturbed. A patrol is fired on from a house; A is shown to have been in that house at the time. A is presumed to have committed the offence — and must show the contrary (say, that he was a captive there).

✗ Not thisMere presence in the area is not enough — the arms must have been used at or from the very place he was, to attack the forces. And it is rebuttable, not conclusive.

the offencesOnly the ‘against the State’ group — BNS 2023 §§ 147–150

In one lineThe presumption is confined to offences against the State — BNS 2023 §§ 147–150 — and to conspiracy, attempt or abetment of §§ 149–150.

(2) The offences referred to in sub-section (1) are the following, namely:—the presumption covers only these offences…sub-section (1) bites only for the offences listed here…

(a) an offence under section 147, section 148, section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023;(a) BNS §§ 147–150 — against the Statethe core State-security offences of the BNS 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.(b) + conspiracy / attempt / abetment of §§ 149–150and the inchoate forms — conspiring, attempting or abetting §§ 149–150.

ExampleAn ordinary theft or assault in a disturbed area is outside this section — the presumption fires only where the charge is one of the listed §§ 147–150 State offences (or their conspiracy/attempt/abetment).

✗ Not thisThe list is closed. The presumption does not apply to every offence committed in a disturbed area — only to these named offences against the State.

Connected provisions

§ 108 · kin

IEA 1872, § 111A

Carried forward — the disturbed-area presumption for State offences.

Bharatiya Sakshya Adhiniyam, 2023 — Section 115: Presumption as to certain offences