- 23-Dec-2024
- Family Law Guides
(1) Where a person is accused of having committed any offence specified in sub-section (2), in—
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:—
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.
It creates a legal presumption of guilt for individuals present in certain disturbed areas during incidents involving firearms or explosives.
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.
It applies in areas declared as disturbed and where extensive disturbances of public peace have occurred for more than a month.
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.
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