Presumption as to certain offences.

What this section does

Where a person is accused of specified offences under the Bharatiya Nyaya Sanhita 2023 (relating to waging war, sedition-type offences) and it is shown that he was present in a disturbed area or an area of prolonged public disturbance at a time when firearms or explosives were used to attack armed forces or public order forces, the court shall presume he committed the offence unless the contrary is shown. The presumption is rebuttable. The section applies to offences under sections 147, 148, 149, and 150 of BNS 2023, as well as conspiracy, attempt, or abetment of offences under sections 149 and 150.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Presence in a disturbed area when firearms or explosives are used against security forces raises a rebuttable presumption of commission of specified offences.

When it applies

• A person found in a declared disturbed area at the time and place from which explosives were used to attack army personnel is presumed to have committed the offence under BNS s.149 unless he proves otherwise.
• An accused shown to have been at a location in an area with over one month of public disturbance when firearms were fired at police is presumed guilty of the specified offence absent contrary evidence.

Derived from IEA s.111A.