Section 115 of BSA : Section 115: Presumption as to certain offences.

Explanation using Example

Example 1:

Ravi lives in a town that has been declared a disturbed area due to ongoing riots and public disorder. One evening, during a police operation to restore peace, shots are fired from a building where Ravi was present. The police arrest Ravi and accuse him of participating in the attack against them. Under Section 115 of The Bharatiya Sakshya Adhiniyam 2023, it is presumed that Ravi committed the offence because he was at the location where firearms were used against the police. Ravi will need to provide evidence to prove that he did not participate in the attack to counter this presumption.

Example 2:

In a village experiencing continuous public unrest for over a month, a group of people, including Sita, are found near a site where explosives were used to resist the police. The police arrest Sita and charge her with criminal conspiracy under Section 149 of the Bharatiya Nyaya Sanhita, 2023. According to Section 115 of The Bharatiya Sakshya Adhiniyam 2023, it is presumed that Sita was involved in the conspiracy because she was present at the location during the disturbance. Sita must present evidence to show that she was not involved in the conspiracy to rebut this presumption.