Section 25: Presumption as to certain offences

25. Presumption as to certain offences.—(1) Where any person accused of having committed a scheduled offences is found to be in possession of, or to have under his control, an article or thing which is capable of being used for, or in connection with, the commission of such offence, or is apprehended, in circumstances which tend to raise a reasonable suspicion that he has committed such offence, he shall be presumed to have committed the offence unless he can prove that he had not in fact committed the offence. (2) Where a person is accused of having committed by scheduled offence specified in sub- section (3), in a terrorist affected area 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 a person had committed such offence. (3) The offences referred to in sub-section (2) are the following:— (a) sections 121, 121A, 122, 123, 123A and 124A of the Pakistan Penal Code (Act XLV of 1860) and; (b) criminal conspiracy or attempt to commit, or abetment of, any of the aforesaid offences.

Effective date: 1992-01-01

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