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      Question

      Which of the following correctly describes the

      presumptions established under Sections 115 to 118 of the Bharatiya Sakshya Adhiniyam, 2023?
      A Section 115 creates a rebuttable presumption of guilt for persons present in disturbed areas where firearms were used, but only for offences under Sections 147-150 of BNS Correct Answer Incorrect Answer
      B Section 116 provides that birth during a valid marriage creates a rebuttable presumption of legitimacy that can be disproved by the party challenging legitimacy Correct Answer Incorrect Answer
      C Section 117 mandates that in all cases of suicide by a married woman, there is an automatic presumption of abetment by the husband regardless of the time elapsed since marriage Correct Answer Incorrect Answer
      D Section 118 requires the court to presume dowry death only if the woman died within three years of marriage and was subjected to cruelty for dowry Correct Answer Incorrect Answer
      E Under Section 115, the presumption applies only if the accused was directly involved in using firearms or explosives, not merely present at the location Correct Answer Incorrect Answer

      Solution

      Section 115 of the Bharatiya Sakshya Adhiniyam, 2023 creates a rebuttable presumption  ("it shall be presumed, unless the contrary is shown") that a person committed certain specified offences if:

      1. The person is accused of an offence listed in sub-section (2)
      2. The offence occurred in a disturbed area  (either declared as such or where extensive public disturbance has occurred for more than one month)
      3. The person was present at a place where firearms or explosives  were used to attack or resist armed forces or police
      The offences covered under sub-section (2) are specifically those under Sections 147, 148, 149, or 150 of the Bharatiya Nyaya Sanhita, 2023  (corresponding to old IPC Sections 121, 121A, 122, 123), as well as criminal conspiracy, attempt, or abetment of offences under Sections 149 or 150 BNS. This is a rebuttable presumption, meaning the accused can present evidence to show they did not commit the offence.

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