Section 115 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 115 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023):
🧾 Section 115: Presumption as to Certain Offences
Text of Section 115:
"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."(lextechsuite.com, indiankanoon.org)
Offences referred to in sub-section (1):
The offences specified are:
An offence under section 147, section 148, section 149, or section 150 of the Bharatiya Nyaya Sanhita, 2023.(lextechsuite.com)
Criminal conspiracy or attempt to commit, or abetment of, an offence under section 149 or section 150 of the Bharatiya Nyaya Sanhita, 2023.(aaptaxlaw.com)
🔍 Understanding Section 115
Key Principle:
Section 115 establishes a legal presumption in cases where a person is accused of committing certain serious offences in areas experiencing significant public disorder. If the accused was present at a location during a time when firearms or explosives were used to attack or resist armed forces or public order maintenance forces, it is presumed that the accused committed the offence, unless they can prove otherwise.(law4u.in)
Detailed Breakdown:
Disturbed Area: An area declared under any law to be disturbed, often due to ongoing violence or unrest.(thelawadvice.com)
Extensive Disturbance: A situation where public peace has been extensively disturbed over a period exceeding one month.(indiankanoon.org)
Use of Firearms or Explosives: Indicates that the area was subjected to attacks or resistance involving firearms or explosives.(indiankanoon.org)
Presumption of Guilt: If the accused was present at such a location during the specified time, the law presumes their involvement in the offence unless they provide evidence to the contrary.(law4u.in)
⚖️ Importance of Section 115
Legal Presumption: Facilitates the prosecution of individuals in areas with ongoing disturbances by establishing a presumption of involvement in serious offences.(law4u.in)
Burden of Proof: Shifts the burden to the accused to disprove their involvement, aiming to expedite legal proceedings in situations of public disorder.
Public Order Maintenance: Aims to deter individuals from participating in or supporting activities that disrupt public order, thereby enhancing the effectiveness of law enforcement in troubled areas.
📌 Example to Illustrate
Scenario: In a region declared as a disturbed area due to ongoing riots, a person named Ravi is found at a location where explosives were used to resist armed forces. Ravi is subsequently accused of committing an offence under section 149 of the Bharatiya Nyaya Sanhita, 2023.(law4u.in)
Application of Section 115:
Presumption: Given the circumstances, the law presumes that Ravi committed the offence, as he was present at the location during the time when explosives were used against the forces.(kanoongpt.in)
Rebuttal: Ravi has the opportunity to present evidence to prove that he was not involved in the offence, thereby challenging the presumption.
🧭 Summary
Purpose: To establish a legal presumption of involvement in certain serious offences for individuals found in specific locations during periods of public disorder.(law4u.in)
Application: Applies to areas declared as disturbed or experiencing extensive disturbances over a period exceeding one month.(law4u.in)
Objective: To facilitate the prosecution of individuals in areas with ongoing disturbances and to enhance the effectiveness of law enforcement in maintaining public order.
RELATED Blog
0 comments