Presumption as to certain offences
Section 111A of the Indian Evidence Act, 1872 deals with presumption as to certain offences. 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; The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 111A, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 115 Presumption as to certain offences Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… But, with respect to Accused Nos.2, 4 and 6 based on their voluntary statement explosive substance, and arms and ammunitions were seized. As held in the decision reported in 2007 Crl. L.J. 1386 which I have mentioned above, in the present case also presumption under Section 111A of Indian Evidence Act cannot be drawn. But, in the said case – law it is also held that it is incumbent on the prosecution to prove that the collection of men, arms and ammunitions was for no other purpose, but to prepare to wage war against the Government of India to establish the offence under Section 122 of …
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… But, with respect to Accused Nos.2, 4 and 6 based on their voluntary statement explosive substance, and arms and ammunitions were seized. As held in the decision reported in 2007 Crl. L.J. 1386 which I have mentioned above, in the present case also presumption under Section 111A of Indian Evidence Act cannot be drawn. But, in the said case – law it is also held that it is incumbent on the prosecution to prove that the collection of men, arms and ammunitions was for no other purpose, but to prepare to wage war against the Government of India to establish the offence under Section 122 of …
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… But, with respect to Accused Nos.2, 4 and 6 based on their voluntary statement explosive substance, and arms and ammunitions were seized. As held in the decision reported in 2007 Crl. L.J. 1386 which I have mentioned above, in the present case also presumption under Section 111A of Indian Evidence Act cannot be drawn. But, in the said case – law it is also held that it is incumbent on the prosecution to prove that the collection of men, arms and ammunitions was for no other purpose, but to prepare to wage war against the Government of India to establish the offence under Section 122 of …
Questions about Section 111A
What does Section 111A of the Indian Evidence Act deal with?
Section 111A of the Indian Evidence Act is headed "Presumption as to certain offences". 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;
How do I find court cases under Section 111A of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 111A, section 111A IEA, section 111A of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 111A of the Indian Evidence Act, and has it changed?
Its own text turns on section 121 (Judges and Magistrates), section 122 (Communications during marriage), Indian Penal Code 123 (Concealing with intent to facilitate design to wage war), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BSA 115 (Presumption as to certain offences), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 111A of the Indian Evidence Act come into force?
Section 111A of the Indian Evidence Act, cited as IEA 111A, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.