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Group I
Presumption
Group Members
Anee - 1875 Nibir – 1909

Naeema - 1855 Tanbir Iqbal- 1904

Gazi - 1889 Rayhan Mahmud- 1902

Ratul- 1899 Zasia- 1868

Sumana- 1858 Mayenul- 2211

Rifat- 1907 Rimu- 1881

Jillur - 1892 Samia- 1876

Sabbir Sarker – 2212

Presumption

The perfect meaning of

presumption is "INFERENCE."
Inference is created either by law
or by facts.
 Contd...

According to "Stephen"–
"A presumption means a rule of law that courts and
judges shall draw a particular inference from a
particular fact, or from particular evidence, until and
unless the truth of such inference is disproved."

Example: A person who has disappeared and with

whom no one has made contact in 7 years, then
generally it is presumed that the person is to be a
dead person.
 Classification of Presumption

Presumption

Presumption of Fact Or Presumption of Law Or

Natural Presumption Artificial Presumption

 Always permissive  Always obligatory

 Rebuttable  May be rebuttable or may be
not

Rebuttable Presumption Of Irrebuttable Presumption Of

Law Law

 They are indicated in the act by  They are indicated in the act by the
the expression “Shall Presume” expression of “Conclusive proof”
Presumption of FACT or Natural Presumption

Presumption of facts or natural presumptions are those inferences which

are naturally and logically drawn from the experiences and observations
of the course of nature, the constitution of human human mind or
activities, the usage and habits of the society.
 Sources of Presumption of Facts:

1) From natural course

2) From common course of business.

3) From social values.

4) From human affairs/ actions/ nature.

Presumption of LAW or Artificial Presumption:

Presumption of law or artificial presumptions are the inferences

or propositions which are established by law.
Presumption of Law can be subdivided into TWO kinds.

1. Rebuttable
Presumption 2. Irrebuttable
of Law; Presumption of
Law.
Rebuttable Presumption of Law:

A rebuttable presumption of law is an assumption made by a court

that is taken to be true unless someone comes forward to contest it
and prove otherwise.

Example:
1) A person is presumed innocent until s/he is proved guilty.
2) A child if born in a legal wedlock, that child must be presumed to legitimate
and one who questions the legitimacy must disprove it.
Irrebuttable Presumption of Law:

Irrebuttable presumption of law can not be rebutted by any

evidences.

Example :
Section 82 of the Penal Code, 1860.
"Nothing is an offence which is done by a child under NINE years of age."
 "Presumption of LAW & FACT Combined"
Or
"Mixed Presumption"

[Section- 4] of the
Evidence Act, 1872.
•May Presumption
•Shall Presumption
•Conclusive Proof.
 S.4 May Presumption
(Discretionary)

Whenever it is provided by
this Act that
• The court may presume a fact,
• it may either regard such fact as
proved
• Unless and until it is disproved,
or may call for proof of it.
Here the important points to be noted

• May = Expressing possibility

• The court has two discretions here One, either

make a rebuttable presumption or Two, call for
confirmatory evidence.

• The presumption made here is not conclusive

• These presumption can be rebutted with the facts.

May presumption
Section 86: Presumption as to certified copies of foreign judicial records.

Document :Certified copies of judicial record of country not forming part

of Bangladesh.

Presumption : Genuine and Accurate

May presumption
Section 87: Presumption as to books, maps and
charts

Document: a book to which may refer for

information on matters to public or general interest.
(Book, Maps, Charts)

Presumption: That it was written and published by

the person by whom it supports to have been written
or published.
May presumption
Section 88: Presumption as to telegraphic messages

Document : Telegraphic messages.

Presumption : Massage forwarded from post office is

person to whom purports to addressed.
May presumption
Section 90: Presumption as to documents thirty years
old

Document :(Ancient Document) 30 years old

documents and produced from PROPER CUSTODY.

Presumption: it was arrested by the person by whom

it purports.
 Illustration:
Mr. Rahman has been on possession
of landed property for a long time. He
produced from his custody deeds
relating to the land, showing his title
to it. This custody is proper.
 Nurul Hoq Bhuiyan vs
Momtazul Islam (civil) DLR
(AD) 51
•Exhibit 'kha' is an old registered deed of year 1935 and, as much is admissible in evidence without any formal proof Where there are ample facts and circumstance before the court as
pointed out in support of the genuineness of this partition deed and where this partition deed came before the court from the custody of the contesting defendants the heirs of one of the
executants of this partition deed itself if cannot be said that this partition deed did not come before the court from the proper custody and, as such, taking of this partition deed into
evidence and making of the same as exhibit has been illegal.
Presumptions that court considers completely proven & true until they
are challenged and disapproved and call for evidence

Presumption

Shall Presumption

Ss-(79-85,89,105) Rebuttable
Presumption as to genuineness of certified copies (section 79)
The court may presume the documents genuine and accurate which is
1.Certified copies of any judicial record
2.Attested copies & the person who certified had the authority to do it as the representative of
the government and the certification has been done legally and abiding by all the rules.

Examples
1.The certification of any registered document along with the signature of the registrar (1924
Lahore.389)
2.The receipt of any product
3.Any letter signed & issued by the secretery from the ministry of the government and can be used as
an evidence against the accused.the court may accept it as a truth.(1936 Cal.316)
 Non-Applicability of section 79

• Original deed (48 Cr.LJ.542)

• The carbon copy of any certified document or deed without signature
(1945 ILR.644)
• If any party questions about the genuineness about the certain certified
document (1970 LWR.69)
• If the letter is signed by the representative of the secretary but not
himself (NIR 1922.Cal 298)
• The carbon copies of the certified documents even it was formed by
delaration of the government (ILR.945)
Presumption as to documents produced as record of evidence (Section 80)

• The court may pressume the documents as genuine when

The documents given by the witness, as a record or memorandum of evidence in a
judicial proceeding or before any officer of the government
but this process has to be done according to the law following the procedure of 356,
359, 360, & 361 from Crpc (9 Mad.224)

• Confession by any prisoner or accused person . If the court thinks the confession is not
the complete truth and questions about validity, the court may call for the majistrate
who recorded the accused’s confession. The document of the accused’s confession has
to be certified and must be included that the statements were given willingly, there
was no forcefull attempts.
 Non-Applicability of Section 80

 After recording the statement of accused, it has to be read out to him otherwise this
section won’t be applicable
 If the records are written in different languages and it has not been explained to him
 If the necessary legal steps and procedures has not been taken during the record of
confession
Presumption as to document in England without proof of seal or signature
(Section 82)

The documents and deeds which are accepted in

England and Ireland, will also be admissible in our
country and the court shall presume the seal,
signatures, stamps including those documents as
authenticated and The court will also assume that
the persons who gave the signature had the authority
Or power to do so..
 Presumption as to maps or plans made by authority of government
(Section 83)

The Court shall presume

• 1. maps or plans made by Example
the authority of the In the case of the densely • The maps made by the
government are accurate populated area, the court’s executive engineer are
• 2. maps or plans made for presumption depends on The presumed to be true by the
the purposes of any cause Settlement Map. court
must be proved to be (1937 Lahore.155)
accurate
 Non-Applicability of Section 83
• Maps that are made for any private purpose (ILR 29.Cal 187)
• Maps made by the officer of khashmahal

Presumption as to collections of laws & reports of decision

(Section 84)
The court shall presume the genuineness of every book or gazette which were
Printed or published under the authority of the government of any country &
Contains any of the laws of that country

Examples
US codes, Hulsbury’s Statutes of England
 Presumption as to powers of attorney (Section85)
The Court may presume the documents as authenticated if the power of attorney has been
executed before & authenticated by-
1. Notary Public or
2. Any court or
3. Judge or
4. Magistrate or
5. Bangladesh consul or
6. Representative of Bangladesh
The one who challenges the authenticity must prove it by
himself
 Presumption as to due execution, etc of documents and
produced (Section 89)
The court will presume every document as attested, stamped & executed in
the manner of law when-
Those documents were called for but not produced after notice by the court
to produce (41 IEC.171)

Burden of proving that case of accused comes within exceptions

(Section 105)
When a person is accused of any offence, the burden of proving the existence
of circumstances, is upon him and court shall presume the absence of such
circumstances
Example
An accused of murder who claims that he was not in normal state of mind in
the time of murder, that person has to prove his own claim or the court shall
assume such claim invalid.

Exception
In the case of defamation, if the claimant proves that the accused has defamed
him, the accused has to prove himself that he is not guilty. This section 105 is
only applicable for criminal suits not for civil suits(84 IEC.977)

Presumption in special circumstances

When any crime occurs, it is the responsibility of the government to prove the
Content of the crime,the accused wont be liable for the similar situation.(56
DLR.580). If in any case after inquiry, its most likely proven that there is a
Possibility of defence case then the accused has the right to get redemption.(56
DLR.132)
Conclusive Presumption
(Sec 41 & 112)

PRESENTED BY-
ISRAK IRFAN ABIR
1889
 Sec 41- Relevancy of certain judgments in Probate, Matrimonial, Admiralty &
Insolvency jurisdiction.
Judgement in Rem Conclusive Presumption

Probate
Judgement
Confers upon
Matrimony
Final Decree Which Any legal
Admiralty character
Takes away
Order
Insolvency
Declares any person-

 Entitled to any such character

 Entitled to any specific thing Such Judgement , Decree or order is conclusive proof
 Sec 112- Birth during marriage conclusive proof of legitimacy

The fact that any person was or within two hundred and shall be conclusive proof that he
born: eighty days after its dissolution, is the legitimate son of that man,
RATIONALE BEHIND PRESUMPTIONS
In the absence of actual certainty of the truth or falsehood of a fact or proposition,
presumption acts as an inference

Presumption are aids to the reasoning and argumentation

Example – the presumption in S.112 of the Evidence Act, 1872, regarding the
legitimacy of a child born to married parents is a matter of policy and expediency and
also of convenience.

Presumption of Innocence
 PRESUMPTION & BURDEN OF PROOF

Where
Whenthere
theisburden
a presumption
of proof as
of to
a fact
the existence
is on a party,
of aitfact,
maythe
beburden
said thatofthere
proving
is athe
presumption
non-existence
as toofthethat
non-
fact is
on the party
existence
who asserts
of that its
factexistence.
 Sadhi Transport Co v State of UP (1986) 2 SCC 486,

•“A presumption is not in itself evidence but only makes a prima facie case for party in whose favor it exists. It
indicates the person on whom the burden of proof lies. When presumption is conclusive, it obviates the production
of any other evidence. But when it is rebuttable it only points out the party on whom lies the duty of going forward
with evidence on the fact presumed, and when that party has produced evidence fairly and reasonably tending to
show that the real fact is not as presumed the purpose of presumed is over.”
 CASES IN WHICH BURDEN OF PROOF IS
DETERMINED BY PRESUMPTIONS

Presumption of Life & Death:

• Section 107 – Burden of proving death of person known to have been alive within thirty years
• Section 108 – Burden of proving that person is alive who has not been heard of for seven years

Section 107 deals with the presumption of continuance of life

Section 108 deals with the presumption of death

CASES IN WHICH BURDEN OF PROOF IS
DETERMINED BY PRESUMPTIONS
 CASES IN WHICH BURDEN OF PROOF IS
DETERMINED BY PRESUMPTIONS

Presumption as to Ownership:

• Section 110 - Burden of proof as to ownership

• When the question is whether any person is owner of anything of which he is shown to be in possession, the
burden of proving that he is not the owner is on the person who affirms that he is not the owner.

Possession is prima facie proof of ownership.

CASES IN WHICH BURDEN OF PROOF IS
DETERMINED BY PRESUMPTIONS

Presumption as to Good Faith:

 PRESUMPTION OF EXISTENCE OF
CERTAIN FACTS

Section 114 of the Evidence Act, 1872, authorizes the court to make certain presumptions of fact.

• common course of natural events

• common course of human conduct
• common course of public and private business

The effect of this provision is to make it perfectly clear that the courts are to use their judicial mind
and prudence.

The sources of presumption of fact, under Section 114, are:

PRESUMPTION OF EXISTENCE OF CERTAIN
FACTS

The maxims and exception to

their application are made by
way of illustrations in S.114.
THANK
YOU!