Report No. 185
This section was introduced by the Terrorist Affected Areas (Special Courts) Act, 1984 and deals with 'Presumption as to certain offences'. This section, obviously, was not the subject matter of the 69th Report.
It reads as follows:
"111A. (1) where a person is accused of having committed any offence specified in sub-section (2), i.-
(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 fire-arms 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 or 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 subsection (1) are the following, namely:-
(a) an offence under section 121, section 121-A, 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)."
Since 1984, terrorist acts have been on the increase and have reached their zenith on 11th Sept., 2001. Thereafter, Parliament has passed the Prevention of Terrorists Act, 2002. In the circumstances, we do not find that the presumption in Section 111A needs any amendment.