Presumption In Indian Evidence Act With Its Classifications
Presumption in Evidence Act – Meaning, Classification and Types
General Meaning of Presumption Of Facts and Law
Presumption means an inference drawn by the court on the basis of reasoning derived from one fact or set of facts as to the truth or falsehood of another fact.
Sir James Stephen defines presumption as “a rule of law which directs the judges to draw a particular inference on proof of particular fact unless and until the truth of such inference is disproved.”
Classification of Presumption:
Presumption of Fact (Presumpscio huminis)
Those inferences that are likely to have happened due to common cause of natural events or human conduct.
They are indicated in the Bharatiya Sakshya Adhiniyam by the expression ‘may presume’.
Presumption of Law (Presumpscio Juris)
Inferences which the law directs the court to draw from particular facts. Presumptions of Law are always obligatory, may be rebuttable or irrebuttable in nature.
Rebuttable Presumptions of Law are indicated in the Bharatiya Sakshya Adhiniyam by the expression ‘shall presume’.
Irrebuttable Presumptions of Law are indicated in the Bharatiya Sakshya Adhiniyam by the expression ‘conclusive proof’.
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May Presumption, Shall Presumption and Conclusive Proof
May Presumption (Presumption of Fact)
According to Section 2 (h), whenever it is provided by this Adhiniyam 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.
It is the discretion of the court to make presumption considering the circumstances of the case. Court may draw inference or may not on proof of certain facts. Such presumptions are rebuttable in nature.
For example, Section 113 A provides that "When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.”
Here on proof of the fact that woman commits suicide within seven years of her marriage and that her husband or any relative of her husband had subjected her to cruelty, court has the discretion to presume that such suicide has been abetted by the husband or the relative. If the court has drawn such presumption, the person against whom such inference has been drawn may rebut it.
Examples of ‘may presume’ under Bhartiya Sakshya Adhiniyam, 2023 - Section 88-90, 92, 93, 117, and 119 (In Indian Evidence Act, 1872 these provisions are reflected under Section 86-88, 90, 91, 113A and 114).
Shall Presumption (Rebuttable Presumption of Law)
According to Section 2 (l) whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.
It leaves no discretion or option with the court, the court is bound to take the fact as proved until evidence is given to disprove it. It is mandatory upon the court to draw a certain presumption on proof of certain facts. However such presumptions are also rebuttable in nature.
For example, Section 113B provides that when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.
Here on proof of the fact that soon before her death such a woman had been subjected by such a person to cruelty or harassment for, or in connection with, any demand for dowry, the court is bound to make the presumption that such a person had caused the dowry death. No discretion has been conferred on the court. The person against whom such inference has been drawn may rebut it.
Examples of ‘shall presume’ under Bhartiya Sakshya Adhiniyam, 2023 - Section 78-87, 91, 108, and 118 (In Indian Evidence Act, 1872 these provisions are reflected under Section 79-85, 105, and 113 B).
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Conclusive Proof (Irrebuttable Presumption of Law)
According to Section 2 (b) when one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
Here also the court has no discretion and it is bound to make a mandatory presumption on proof of certain facts. Furthermore, it is an irrebuttable presumption i.e the person against whom such presumption is drawn cannot rebut it.
Examples of Conclusive Proof under Bhartiya Sakshya Adhiniyam, 2023 - Section 35 and 116 (In Indian Evidence Act, 1872 these provisions were reflected under Section 41 and 113).
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