presumption
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
- Conciliation under industrial, family and marriage laws (Alternative Dispute Resolution Systems)
- Negotiable instruments: meaning, characteristics, promissory note, bill of exchange and cheque (Banking Law)
- Holder and holder in due course, parties to instruments, their liability and payment in due course (Banking Law)
- Dishonour, noting and protest, acceptance for honour, material alteration, special rules of evidence and bills in sets (Banking Law)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)