(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 123 of the Indian Penal Code (45 of 1860).]
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1. Ins. by Act 61 of 1984, s. 20 (w.e.f. 14-7-1984).
Section 111 Proof of good faith in transactions where one party is in relation of active confidence
Section 111A Presumption as to certain offences
Section 112 Birth during marriage, conclusive proof of legitimacy
Section 113 Proof of cession of territory
Section 113A Presumption as to abetment of suicide by a married woman
Section 113B Presumption as to dowry death
Section 114 Court may presume existence of certain facts
Section 114A Presumption as to absence of consent in certain prosecution for rape
Section 116 Estoppel of tenants and of licensee of person in possession
Section 117 Estoppel of acceptor of bill of exchange, bailee or licensee