Section 115 BSA 2023 - Presumption as to Certain Offences
Section 115 of the Bharatiya Sakshya Adhiniyam, 2023 creates a rebuttable statutory presumption in narrowly defined situations involving specified serious offences committed in a disturbed area or an area affected by prolonged disturbance of public peace.
Updated: 13 September 2026
Text of Section 115 of the Bharatiya Sakshya Adhiniyam, 2023
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 Section 115 means
The section does not create a general presumption of guilt. It operates only when the prosecution first establishes the statutory facts that trigger the presumption. Once those foundational conditions are shown, the Court must presume the accused committed the specified offence unless the contrary is shown.
Conditions for the presumption to arise
- The accused must be charged with one of the offences specifically listed in Section 115(2).
- The alleged offence must relate to a legally declared disturbed area, or an area where extensive disturbance of public peace has continued for more than one month.
- It must be shown that the accused was present at the relevant place and time.
- Firearms or explosives must have been used at or from that place.
- The firearms or explosives must have been used to attack or resist members of the armed forces or forces responsible for maintaining public order while they were acting in discharge of their duties.
- The presumption is rebuttable because the section expressly provides that it applies "unless the contrary is shown".
Offences covered by Section 115(2)
| Provision | Coverage under Section 115 BSA |
|---|---|
| BNS Sections 147, 148, 149 and 150 | Section 115(2)(a) expressly includes offences under these provisions of the Bharatiya Nyaya Sanhita, 2023. |
| Conspiracy, attempt or abetment | Section 115(2)(b) additionally covers criminal conspiracy, attempt to commit, or abetment of an offence under BNS Section 149 or Section 150. |
Nature of the legal presumption
The words "it shall be presumed, unless the contrary is shown" make the presumption mandatory once the statutory prerequisites are established, but not conclusive. The accused remains entitled to rebut the presumption by showing facts or circumstances that make the presumed conclusion unsustainable.
Relationship with the Bharatiya Nyaya Sanhita, 2023
Section 115 is an evidentiary provision. It does not itself define the substantive offences. Those offences are contained in the Bharatiya Nyaya Sanhita, 2023, and Section 115 BSA determines when a special presumption may be drawn in relation to the specified offences.
Official legal sources
For the authoritative statutory text and current government material, consult the official India Code publication of the Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs page on the new criminal laws.
Official Bharatiya Sakshya Adhiniyam, 2023 - India Code
New Criminal Laws - Ministry of Home Affairs
Related BSA provisions
Continue reading the surrounding provisions on burden of proof and presumptions:
Section 114 - Proof of good faith in transactions where one party is in relation of active confidence
Section 116 - Birth during marriage, conclusive proof of legitimacy
Section 117 - Presumption as to abetment of suicide by a married woman
Section 118 - Presumption as to dowry death
Section 119 - Court may presume existence of certain facts
Section 120 - Presumption as to absence of consent in certain prosecution for rape