Presumption as to certain offences
AI Assist
Summary
When a person accused of certain violent offences is shown to have been at a place in a disturbed area or an area with over one month of extensive public disturbance where firearms or explosives were used to attack or resist armed forces or forces maintaining public order, it is presumed, unless the contrary is shown, that the person committed the offence. The presumption shifts the burden to the accused to prove otherwise.
Example
Ravi, a shopkeeper, was standing near a market in an area declared disturbed when firearms were fired from that spot at forces trying to restore order. He is later charged with offences connected to rioting and attacking the forces. Under this rule, it will be presumed he committed the offence unless he produces evidence to rebut that presumption.
Bare Act
Enacted text(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.
Previous year papers
Pick your exam. we'll email the most recent paper.