IEA 111A — Presumption as to certain offences

Indian Evidence Act, 1872

Statutory 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).]

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