Section 115 BSA: Presumption as to certain offences
Bharatiya Sakshya Adhiniyam, 2023
Section 115 BSA at a Glance
Section 115 BSA deals with presumption as to certain offences. It replaced Section 111A IEA on 1 July 2024.
Section 115 BSA Bare Act Text
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.
Source: Section 115, Bharatiya Sakshya Adhiniyam, 2023
Section 115 BSA in Simple Words
Section 115 of the Bharatiya Sakshya Adhiniyam, 2023 applies from 1 July 2024 and requires a court to presume (accept as true unless disproved) that an accused person committed certain listed offences in a disturbed area. Once the conditions in Section 115 BSA are proved, the court must make this presumption unless the contrary is shown.
The rule applies only in locations covered by Section 115(1) BSA. The place must be a declared disturbed area under a law in force for suppressing disorder and keeping public order, or an area with extensive disturbance of public peace lasting more than one month.
Next, the prosecution must show that the accused person was present at a spot in that area during an attack with firearms or explosives. The attack or resistance at or from that spot must have been against armed forces or public order forces carrying out their official duties.
Section 115(2) BSA limits this rule to offences under Section 147 and Section 148, as well as Section 149 and Section 150, in the Bharatiya Nyaya Sanhita, 2023. It also covers criminal conspiracy (an agreement to commit a crime), attempt, or abetment (aiding or encouraging) for offences under Section 149 and Section 150 in that Sanhita.
When Section 115 BSA Applies
- 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.
Example of Section 115 BSA
When Section 115 BSA Does Not Apply
- The presumption does not hold if the accused person shows the contrary in court.
Section 115 BSA in the IEA (Previous Law)
Section 115 BSA replaces Section 111A IEA from the old criminal code.
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.
FAQs on Section 115 BSA
What is Section 115 BSA?▼
Section 115 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume that an accused person committed certain listed offences under the Bharatiya Nyaya Sanhita, 2023 in a disturbed area. It applies when the accused person is shown to have been at a spot in that area during the use of firearms or explosives against armed forces or public order forces on duty.
Is the presumption under Section 115 BSA final?▼
No. Section 115 BSA requires the court to presume that the accused person committed the offence only unless the contrary is shown. The accused person can present evidence to prove the contrary.
Which offences are covered by Section 115 BSA?▼
Offences under Section 147 and Section 148, as well as Section 149 and Section 150, in the Bharatiya Nyaya Sanhita, 2023. Section 115(2) BSA also covers criminal conspiracy, attempt, or abetment for offences under Section 149 and Section 150 in that Sanhita.
Can Section 115 BSA apply in an area that has not been declared a disturbed area under an enactment?▼
Yes. Under Section 115(1)(b) BSA, the rule also applies in an area where extensive disturbance of public peace has lasted for more than one month.
What is Section 115 BSA in IEA?▼
Section 111A IEA. Section 115 BSA replaced Section 111A IEA on 1 July 2024 with no substantive change to the rule. Only the offence references were updated from the Indian Penal Code to the Bharatiya Nyaya Sanhita, 2023.
Have questions about Section 115 BSA?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·