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presumption

English · Evidence

Meaning. An inference the court draws, or must draw, about a fact from the proof of another fact.

A presumption is a rule of reasoning that saves proof. Indian evidence law has three kinds. “May presume”: the court has discretion to regard the fact as proved unless disproved. “Shall presume”: the court must regard it as proved unless disproved. “Conclusive proof”: once one fact is proved, the court cannot allow evidence to disprove the other.

Presumptions may be of fact (natural inferences, such as that a person in possession of stolen goods soon after the theft is the thief or a receiver) or of law (fixed by statute, such as the presumption of dowry death). Rebuttable presumptions shift the burden of proof; they do not replace proof of the basic fact.

Example

Once the death within seven years of marriage and soon-after cruelty were proved, the court had to apply the presumption of dowry death against the husband.

In Indian law

  • s.2(1), Bharatiya Sakshya Adhiniyam, 2023 (old s.4 Evidence Act): may presume, shall presume, conclusive proof
  • s.119 BSA (old s.114 Evidence Act): court may presume existence of certain facts
  • s.118 BSA (old s.113B Evidence Act): presumption as to dowry death

See also

burden of proof · conclusive proof · presumption of innocence · omnia praesumuntur rite esse acta

Read more in the study notes

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