Section 43E of UAPA : Section 43E: Presumption As To Offence Under Section 15
UAPA
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Explanation using Example
Imagine a scenario where a bomb explosion occurs in a public area, and the police begin an investigation under Section 15 of the Unlawful Activities (Prevention) Act, which deals with terrorist acts. During the investigation, they find a bag containing explosives in John's house. Additionally, the forensic team confirms that the fingerprints on the bag match John's. Under Section 43E, when these facts are presented in court:
- The recovery of explosives from John's possession, combined with the belief that these were used in the bombing,
- The expert evidence of John's fingerprints found on the bag containing the explosives,
the court will presume that John is guilty of the offence, unless John can provide evidence to prove otherwise.
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