Code: Section 115 – Bharatiya Sakshya Adhiniyam (BSA)
Presumption in Disturbed Areas
(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 attempts to commit, or abetment of, an offence under Section 149 or Section 150 of the Bharatiya Nyaya Sanhita, 2023.
Explanation of Section 115 – Bharatiya Sakshya Adhiniyam (BSA)
Section 115 creates a legal presumption of guilt for people accused of offences in disturbed areas. If the accused was present at a place where firearms or explosives were used against law enforcement, they are presumed guilty unless proven otherwise.
Key Points:
- Disturbed Area: This applies to areas marked as disturbed due to significant public disorder. It also includes areas where violent acts have been ongoing for over a month.
- Legal Presumption: If someone is present at a location where violence occurs, they are presumed guilty unless they can provide a valid defense.
- Offences Covered: The presumption applies to specific offences like rioting (Sections 147, 148, 149, 150 of BNSS) and related conspiracies or attempts.
Illustration
Example 1: Presumption of Guilt in a Disturbed Area
A person is accused of being involved in an attack in a disturbed area, where firearms were used. The law presumes the person’s involvement unless they can prove they weren’t part of the attack.
Example 2: Offences under BNSS Covered by Section 115
A person is found in an area with ongoing disturbances for over a month. There were attacks on armed forces using explosives. The person is accused under Section 149. The law presumes their involvement unless they can provide evidence to the contrary.
Common Questions and Answers on Section 115 – Bharatiya Sakshya Adhiniyam (BSA)
1. What does Section 115 of the BSA establish?
- Answer: Section 115 presumes guilt for certain offences in disturbed areas. If someone is in a location where firearms or explosives are used against law enforcement, they are presumed guilty unless proven otherwise.
2. What offences are covered under Section 115?
- Answer: Section 115 covers offences like rioting (Sections 147, 148, 149, 150 of BNSS), as well as criminal conspiracy or attempts related to those offences.
3. Can a person accused under Section 115 rebut the presumption of guilt?
- Answer: Yes, the accused can provide evidence or a valid defense to rebut the presumption.
Conclusion
Section 115 of the Bharatiya Sakshya Adhiniyam (BSA) creates a legal presumption of guilt in certain cases of public disorder. The law applies to people accused of serious offences in areas where violence and disturbances are prevalent. It is designed to ensure accountability while allowing the accused a chance to defend themselves.
