Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 115: Presumption as to certain offences
(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.
Brefe Detail
Section 115 of the Bhartiya Sakshya Adhiniyam, 2023, establishes a presumption regarding certain offences committed in disturbed areas. It specifies that if a person is found in a place where firearms or explosives were used during a period of public disorder, there is a presumption of guilt regarding specific serious offences unless evidence to the contrary is provided.
Question & Answers
What is the significance of Section 115?
It creates a legal presumption of guilt for individuals present in certain disturbed areas during incidents involving firearms or explosives.
What types of offences does this section pertain to?
The section pertains to offences under sections 147, 148, 149, and 150 of the Bharatiya Nyaya Sanhita, 2023, as well as criminal conspiracy or attempts related to these offences.
Under what conditions does this presumption apply?
It applies in areas declared as disturbed and where extensive disturbances of public peace have occurred for more than a month.
Example
- Scenario: A person is found in a locality where armed forces are being attacked with explosives.
Legal Implication: The law presumes that this individual has committed an offence, unless they can prove otherwise. - Scenario: During a month of civil unrest, a group of people is caught using firearms in a disturbed area.
Legal Implication: Each individual in that group is presumed to have committed an offence under sections related to rioting or conspiracy.
Summary
Section 115 emphasizes the importance of context in determining legal responsibility for serious offences committed in areas of public disorder. It shifts the burden of proof onto the accused to demonstrate their innocence if they were present during incidents involving firearms or explosives in declared disturbed areas.
