111APresumption as to certain offences
1[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 121A, 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).]
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1. Ins. by Act 61 of 1984, s. 20 (w.e.f. 14-7-1984).
- 101 Burden of proof
- 102 On whom burden of proof lies
- 103 Burden of proof as to particular fact
- 104 Burden of proving fact to be proved to make evidence admissible
- 105 Burden of proving that case of accused comes within exceptions
- 106 Burden of proving fact especially within knowledge
- 107 Burden of proving death of person known to have been alive within thirty years
- 108 Burden of proving that person is alive who has not been heard of for seven years
- 109 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110 Burden of proof as to ownership
- 111 Proof of good faith in transactions where one party is in relation of active confidence
- 111A Presumption as to certain offences
- 112 Birth during marriage, conclusive proof of legitimacy
- 113 Proof of cession of territory
- 113A Presumption as to abetment of suicide by a married woman
- 113B Presumption as to dowry death
- 114 Court may presume existence of certain facts
- 114A Presumption as to absence of consent in certain prosecution for rap