Q1.) What are Presumptions?

How do they arise and

which of them can be rebutted? [HJS 2000]

Answer:
Introduction
• Every Fact, on basis of which party to a proceeding
wants to take judgment must be proved.
• No court can while deciding a case, place reliance on a
fact unless and until proven according to the rules in
Evidence act.
• The law of evidence has provided that court can take
into consideration certain facts even without calling
for proof of them.

Presumptions:
• Presumption means a process of ascertaining few
facts on basis of possibility or,
• It is consequence of some acts in general which
strengthen possibility and,
• When such possibility has great substantiated value
then generally facts can be ascertained.
• A presumption in law means inferences which are
concluded by court with respect to existence of certain
facts.
Section 4
The expression ‘may presume’ ‘shall Presume’ and
‘Conclusive proof’.

Section 4: Presumptions:

Category May Presume Shall Conclusive

Presume Proof

Definition These These are not These are not

presumptions at the at the
are at the discretion of discretion of
discretion of the court; the the court; the
the court. court must court must
presume it. presume it.

Rebuttal These These These cannot

presumptions presumptions be rebutted
can be can be by any
rebutted by rebutted by evidence.
the other the other
party. party.

Fact/Law It is It is It is
presumption presumption presumption
regarding fact.
 regarding regarding
law. law.

S. 86 to 88, 90, 90A and 114, S.79 to 85, 85A, 85B,

85C, S. 41, 112, 113.

M. Narsinga Rao v. State of A.P.

AIR 2001 SC 318
Held:
• Court can use process of inference to be drawn from
facts produced or proved. Such inferences are kin to
presumption in law.
• Law gives absolute discretion to court to presume
existence of any fact which it thinks likely to have
happened.
• In erring existence of a fact from another, court is
only applying a process of intelligent reasoning which
mind of a prudent man would do under similar
circumstances.
• Not final conclusion to be drawn from other facts but
it could as well be final if it remains undisturbed later.
Rebuttable Presumptions Vs Irrebuttable Presumptions:

Rebuttable Presumptions Irrebuttable Presumptions

• Conclusive proofs are
• The “may presume” and
irrebuttable
“shall presume” are
presumptions.
rebuttable presumptions
in law.
• These presumptions once
• These presumptions once
presumed, cannot be
presumed, can be
rebutted.
rebutted by the other
party.
• Section 112: Legitimacy
• Section 90: Genuiness of
of child.
document which is 30
years old.

Conclusion:
• Hence, presumptions are such facts which are presumed by
the court and ought not to be proved by the party. However,
some presumptions such as “conclusive proof” are not
rebuttable.