Presumption as to certain offences
AI Assist
Summary
If a person is found at a place in a declared disturbed area, or in an area with more than one month of extensive public disturbance, at a time when firearms or explosives were used there to attack or resist armed forces or other forces keeping public order, it is presumed, unless disproved, that the person committed certain serious offences (waging war, related conspiracy, attempt or abetment). The presumption can be rebutted by contrary evidence.
Example
Rohan was in a market inside an area declared disturbed when armed men used firearms to attack the police. He was charged with offences related to waging war and related conspiracy. Under this rule, it will be presumed that Rohan committed those offences unless he produces evidence to disprove the presumption.
Bare Act
Enacted text(1) Where a person is accused of having committed any offence specified in sub-section (2), in—
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(a) any area declared to be a disturbed areas under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order; or
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(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 :-
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(a) an offence under section 121, section 121A section 122 or section 123 of the Indian Penal Code (45 of 1860);
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(b) criminal conspiracy or attempt to commit, or abatement of, an offence under section 122 or section 123 of the Indian Penal Code (45 of 1860).
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