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Presumption
Presumption
1. The law of evidence provides that a court can take into consideration facts even without
calling for proof i.e. they may presume some facts.
3. The inferences or presumptions drawn are based on the wide experience or the
existence of some nexus between the facts.
4. Presumptions may be drawn from the course of nature, the course of human affairs,
from the usage in society and transaction in business. For example, from the fact that a
letter has been posted, a presumption may be made that it reached the addressee OR A
owns a watch which is stolen and B has possession of the same watch. It may be
presumed that either B stole it or received it from a thief knowing it to be stolen.
6. Presumptions of fact are inferences which are drawn naturally from the observation of
the course of nature and the constitution of the human mind. EX: Certified copies of
foreign documents or maps; books, maps or documents of public usage when published
the court shall presume that the person who published did the same.
7. Presumptions of law are of 2 kinds: (1) Irrebuttable or Conclusive; and (2) Rebuttable.
i. Irrebuttable Presumptions: They are those legal rules which are not overcome by
any evidence that the fact is otherwise. This kind of presumption of law is
conclusive. EX: In a criminal case, a child below the age of 7 years shall be
presumed to be innocent. No evidence to prove he was guilty shall be allowed
before the court.
ii. Rebuttable Presumptions: They are certain legal rules which require a certain
amount of evidence to support the allegation. Such presumptions may be
rebutted by evidence of facts to the contrary. Such presumptions are conclusive
in absence of such evidence. EX: a man is presumed to be innocent until he is
proven guilty; a child when born in legal wedlock shall be presumed to be
legitimate.
8. Mixed Presumptions: of law and fact are chiefly confined to English law of real property
and the same is not provided for in Indian law.
9. May Presume: Whenever the court may presume a fact, the Court may take notice of
the fact without taking proof or may call upon a party to prove the fact. The Court has
discretion to presume a fact or not to presume it. EX: A document which is 30 years old
is produced from proper custody, the court may presume that the document was signed
and written by the person who purported the document.
10. Shall Presume: The court cannot exercise its discretion when the words of a provision
have the words shall presume. The Court in such a case will be compelled to take a
fact as proved. The Court will be at a liberty to allow the party to adduce evidence to
disprove the fact so presumed if the party is successful in doing so.
11. Conclusive Proof: When a fact is a conclusive proof of another fact, the court has no
discretion at all. It cannot call upon the party to prove nor call the opposing party to
disprove the fact. EX: when the court in one case concludes that A is the wife of B and in
another case it is questioned as to whether A and C are married. It shall be considered
to be conclusive proof from the earlier case that A is married to B.