Section 111A Evidence Act: Presumption as to Certain Offences under Section 115 BSA
Section 111A of the Indian Evidence Act, 1872 established a special rebuttable presumption for specified offences against the State in defined disturbed-area circumstances. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 is Section 115, effective from 1 July 2024.
Meaning and scope of the presumption
A statutory presumption is an inference that a court is directed to draw when specified foundational facts are proved. A rebuttable presumption can be challenged by showing the contrary. Section 115 uses the words "shall be presumed, unless the contrary is shown" and does not dispense with the need to establish its triggering conditions.
Section 115(1): Conditions that trigger the presumption
The section concerns an accused person charged with an offence listed in subsection (2), where the alleged conduct occurs in either:
- An area formally declared disturbed under a law dealing with suppression of disorder and restoration or maintenance of public order; or
- An area that has experienced extensive disturbance of public peace for more than one month.
In addition, it must be shown that the accused was at a place in that area when firearms or explosives were used at or from that place to attack or resist armed forces or forces responsible for maintaining public order while they were performing their duties.
When these statutory facts are established, the court must presume commission of the specified offence unless the contrary is shown. The presumption is not a general rule that every person present in a disturbed area committed an offence.
Section 115(2): Covered offences
Under the current Bharatiya Nyaya Sanhita, 2023, the specified offences are:
| BNS provision | Subject | Former IPC provision |
|---|---|---|
| Section 147 | Waging, attempting to wage or abetting war against the Government of India | Section 121 |
| Section 148 | Conspiracy to commit offences punishable under Section 147 | Section 121A |
| Section 149 | Collecting arms or making preparations with intent to wage war | Section 122 |
| Section 150 | Concealing a design to wage war with the requisite intent or knowledge | Section 123 |
Section 115(2)(b) additionally covers criminal conspiracy, attempt or abetment concerning offences under BNS Sections 149 or 150.
Former Section 111A of the Indian Evidence Act, 1872
The former provision, inserted by Act 61 of 1984, Section 20, with effect from 14 July 1984, contained the same core disturbed-area presumption. Its subsection (2) referred to IPC Sections 121, 121A, 122 and 123, and conspiracy, attempt or abetment concerning IPC Sections 122 or 123. The current Section 115 updates those cross-references to the BNS.
Practical application and safeguards
Illustrative example
Suppose an accused is shown to have been at a particular location in a qualifying disturbed area when explosives were used from that location to attack security personnel acting in the discharge of their duties. If the charge is one of the offences specified in Section 115(2), the statutory presumption may arise. The accused may challenge the foundational evidence or show facts rebutting the inference.
Evidence relevant to the court
- The legal declaration of disturbed-area status, or reliable evidence of extensive disturbance lasting more than one month.
- Evidence identifying the precise place and time and establishing the accused person's presence.
- Evidence of the use of firearms or explosives at or from that place against the specified forces while on duty.
- The particular statutory offence alleged and any evidence rebutting the presumption.
The court must consider the applicable criminal procedure, constitutional protections, and all evidence in the case. The presumption should not be confused with automatic conviction.
Which evidence law applies after 1 July 2024?
The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024 and repealed the Indian Evidence Act, 1872. Section 170 of the BSA contains savings for specified pending proceedings. The applicable law must therefore be determined from the nature and timing of the proceeding, rather than simply the date on which an article is read.
Official legal sources
- India Code - official central legislation repository (search for Bharatiya Sakshya Adhiniyam, 2023, Section 115 and Section 170).
- Bharatiya Sakshya Adhiniyam, 2023 - statutory text hosted by a High Court.
- Bureau of Police Research and Development - Bharatiya Nyaya Sanhita reference PDF.
Frequently asked questions
What is Section 115 of the Bharatiya Sakshya Adhiniyam?
It provides a rebuttable presumption concerning specified offences against the State where the statutory location and attack-related conditions are established.
Is mere presence in a disturbed area enough?
No. The provision also requires proof of presence at a place and time when firearms or explosives were used at or from that place against forces acting in the discharge of their duties.
Can the accused challenge the presumption?
Yes. The statute expressly states that the presumption operates unless the contrary is shown.
Which provision replaced Section 111A of the Evidence Act?
Section 115 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to former Section 111A of the Indian Evidence Act, 1872.
Legal information for general reference. Application depends on the facts, governing enactments and relevant judicial decisions.