Indian Evidence Act, 1872 · Section 111A

IEA 111A in BSA: Section 115

Section 111A of the Indian Evidence Act, 1872 corresponds to Section 115 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 111A deals with presumption as to certain offences. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 111A is now BSA 115.

Presumption as to certain offences

Carried over
90% of the old wording kept
Old · IEA 1872 · Ch. VII
s. 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 121-A, 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).]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. VII
s. 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.
Text from India Code

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