IEA 111A to BSA 115: Presumption as to certain offences
Section 111A IEA (1872) replaced by Section 115 BSA (2023)
IEA 111A to BSA 115 at a Glance
Section 111A IEA (Presumption as to certain offences) is now Section 115 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 111A to BSA 115?
Section 111A of the Indian Evidence Act, 1872 became Section 115 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The references to the Indian Penal Code now point to the BNS.
IEA 111A vs BSA 115: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 111A | 115 |
| Heading | Presumption as to certain offences | Same |
| Sub-sections | 2 sub-sections | Same |
IEA 111A and BSA 115: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 111A, IEA 1872
111A. 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 121, section 121A, section 122 or section 123 of the Indian Penal Code (45 of 1860);
(b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 122 or section 123 of the Indian Penal Code (45 of 1860).
BSA 2023 (in force)
Section 115, BSA 2023
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.
When It Applies: IEA 111A vs BSA 115
Under IEA 111A
- A person is accused of an offence under Section 121 or Section 121A, or an offence, conspiracy, attempt, or abetment under Section 122 or Section 123 in the Indian Penal Code.
- The alleged offence took place in a zone declared as a disturbed area under a law in force for suppressing disorder and keeping public order, or in a place with extensive disturbance of public peace lasting more than one month.
- It is shown that the accused person was present at a spot in that area during the use of firearms or explosives at or from that spot against armed forces or public order forces performing their duties.
- When these facts are shown, the court must presume that the accused person committed the offence, unless the contrary is shown.
Under BSA 115
- A person is accused of an offence under Section 147 or Section 148, or an offence, conspiracy, attempt, or abetment under Section 149 or Section 150 in the Bharatiya Nyaya Sanhita, 2023.
- The alleged offence took place in a zone declared as a disturbed area under a law in force for suppressing disorder and keeping public order, or in a place with extensive disturbance of public peace lasting more than one month.
- It is shown that the accused person was present at a spot in that area during the use of firearms or explosives at or from that spot against armed forces or public order forces performing their duties.
- When these facts are shown, the court must presume that the accused person committed the offence, unless the contrary is shown.
What IEA 111A to BSA 115 Means in Practice
Section 111A IEA became Section 115 BSA on 1 July 2024 with no substantive change, so the same rule applies. The offence references to the Indian Penal Code in Section 111A IEA point to the corresponding sections of the Bharatiya Nyaya Sanhita, 2023 in Section 115 BSA. A party in court should cite Section 115 BSA for matters governed by the Adhiniyam.
FAQs: IEA 111A to BSA 115
Did the presumption rule change between Section 111A IEA and Section 115 BSA?▼
No. Only the statutory references for the listed offences changed. Section 111A(2) IEA referred to Section 121 and Section 121A, as well as Section 122 and Section 123, in the Indian Penal Code, whereas Section 115(2) BSA refers to Section 147 and Section 148, as well as Section 149 and Section 150, in the Bharatiya Nyaya Sanhita, 2023.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·