Indian Evidence Act, 1872
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; of
(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 (I) are the following, namely:-
(a) an offence under section 121, section 121
A, section 122 or section 123 of the Indian Penal Code (45 of 1860);
(b) criminal conspiracy or attempt to commit,
or a betment of, an offence under section 122 or section 123 of the Indian
Penal Code (45 of 1860).]