Section 111A IEA: Presumption as to certain offences
Indian Evidence Act, 1872
Section 111A IEA at a Glance
Section 111A IEA deals with presumption as to certain offences. From 1 July 2024 it is replaced by Section 115 BSA.
Section 111A IEA Bare Act Text
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).
Source: Section 111A, Indian Evidence Act, 1872
Section 111A IEA in Simple Words
Section 111A of the Indian Evidence Act, 1872 requires a court to presume (take as true unless disproved) that an accused person committed certain listed offences in a disturbed place. When the conditions of Section 111A IEA are proved, the court must make this presumption unless the contrary is shown.
The rule applies only in locations covered by Section 111A(1) IEA. 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 for 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 111A(2) IEA limits this rule to offences under Section 121 and Section 121A, as well as Section 122 and Section 123, in the Indian Penal Code. It also covers criminal conspiracy (an agreement to commit a crime), attempt, or abetment (aiding or encouraging) for offences under Section 122 and Section 123 in that Code.
When Section 111A IEA Applies
- 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.
Example of Section 111A IEA
When Section 111A IEA Does Not Apply
- The presumption does not hold if the accused person shows the contrary in court.
Section 111A IEA in the BSA
Section 111A IEA is now covered under Section 115 BSA.
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.
View detailed comparison (IEA 111A vs BSA 115) →FAQs on Section 111A IEA
What is Section 111A IEA?▼
Section 111A of the Indian Evidence Act, 1872 requires a court to presume that an accused person committed certain listed offences under the Indian Penal Code 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.
Can an accused person rebut the presumption under Section 111A IEA?▼
Yes. Section 111A IEA states that the offence is presumed unless the contrary is shown. If the accused person shows the contrary, the presumption is overcome.
How long must a public peace disturbance last when an area is not officially declared disturbed under Section 111A IEA?▼
More than one month. Under Section 111A(1)(b) IEA, an undeclared area qualifies only when extensive disturbance of public peace has lasted for more than one month.
Does Section 111A IEA apply to every offence in the Indian Penal Code?▼
No. Section 111A(2) IEA applies only to offences under Section 121 and Section 121A, as well as Section 122 and Section 123, in the Indian Penal Code. It also covers criminal conspiracy, attempt, or abetment for offences under Section 122 and Section 123 in the Indian Penal Code.
What is Section 111A IEA in BSA?▼
Section 115 BSA. It replaced Section 111A IEA on 1 July 2024 with no substantive change to the rule. The offence references to the Indian Penal Code were updated to point to the Bharatiya Nyaya Sanhita, 2023.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·