What is the presumption as to certain offences against State?

Question: What is the presumption as to certain offences against State?

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Answer

Offences against the state which are the most dangerous are provided under sections 121, 121A, 122, and 123 of the Indian Penal Code, which are not allowed to be committed even under compulsion. These sections deal with the various provisions in relation to waging war against India which are considered the most reprehensible.

SECTION 111A deals with Presumption as to certain offences against the state:

“(1) Where a person is accused of having committed any offence specified in subsection,

(2) in—

1. 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
2. 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.

(3) The offences referred to in sub-section (1) are the following, namely:

1. an offence under Section 121, Section 121A, Section 122 or Section 123 of the Indian Penal Code (45 of 1860);
2. criminal conspiracy or attempt to commit, or abetment of, an offence under Section 122 or Section 123 of the Indian Penal Code (45 of 1860).]”

Under this section (introduced in 1984), if a person is accused of having committed any offence under Sections 121,121A, 122 or 123 of the Indian Penal Code, or of a criminal conspiracy or attempt to commit, or abetment under Sections 122-123, in any declared ‘disturbed area’, etc. and it is shown that such person had been in that area when firearms or explosives were used to attack or resist armed forces, etc., it shall be presumed, unless the contrary is shown, that such a person had committed the offence.

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