Bharatiya Sakshya Adhiniyam, 2023
BSA Section 115
Presumption as to certain offences
In one line
BSA Section 115 deals with presumption as to certain offences and replaces Evidence Act 111A.
Bare act text — BSA 115
115. 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 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.
What changed from the Evidence Act
- Evidence Act 111A → BSA 115: IPC sections are replaced by corresponding BNS sections.
Frequently asked
What was BSA Section 115 in the Evidence Act?
BSA Section 115 (Presumption as to certain offences) replaces Section 111A of the Indian Evidence Act, 1872. Evidence Act 111A is now BSA 115.
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Nearby BSA sections
- BSA 110 — Burden of proving death of person known to have been alive within thirty years
- BSA 111 — Burden of proving that person is alive who has not been heard of for seven years
- BSA 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- BSA 113 — Burden of proof as to ownership
- BSA 114 — Proof of good faith in transactions where one party is in relation of active confidence
- BSA 116 — Birth during marriage, conclusive proof of legitimacy
- BSA 117 — Presumption as to abetment of suicide by a married woman
- BSA 118 — Presumption as to dowry death
- BSA 119 — Court may presume existence of certain facts
- BSA 120 — Presumption as to absence of consent in certain prosecution for rape