A fact assumed to be true under the law is called a presumption

According to Merriam Webster – Presumption is synonymous to a belief that something is true, even though it has not been proved and is defined in law as an act of accepting that something is true until it is proved not true and the willingness to believe”

The first and foremost cardinal principal of criminal jurisprudence in Indian Law is the Presumption of innocence and more categorically envisaged as a legal right.

Presumption is an inference of facts drawn from known or proved facts.

In the case of M. S Narayan Menon v. Kerala (2006) , the court held Presumption is a legal or factual assumption drawn from the existence of certain facts.

Presumption helps in determining the probative force of evidence by bringing the estimation of probative force under some inflexible rules excluding a judicial discretion.

Presumption of Facts –

When presumptions are established on the basis of facts or groups of facts or from the collection of facts.

They are always permissive and rebuttable.
They are indicated in the Act by the expression – “may presume”
Section – 86, 87 , 88 , 90 and 114

Presumption Of Facts – May Presume

Section Title
86 Presumption as to certified copies of foreign judicial records
87 Presumption as to books, maps and charts
88 Presumption as to telegraphic messages.
88A Presumption as to electronic messages
90 90A Presumption as to documents thirty years old
Presumption as to electronic records five year old
114 Court may presume existence of certain acts

Presumption of Law –

When presumptions are acknowledged without the help of proof in certain situations or circumstances where court me presumes some facts itself.

They are always obligatory may be rebuttable or irrebuttable

Rebuttable Presumption of Law – Shall Presume

There being presumption of law are always obligatory , and a Judge cannot refuse to draw the presumption .

They hold good unless and until there is contrary evidence

79 Presumption as to genuineness of certified copies. 
80 Presumption as to documents produced as record of evidence. 
81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. 
81A Presumption as to Gazettes in electronic forms. 
82 Presumption as to document admissible in England without proof of seal or signature. 
83 Presumption as to maps or plans made by authority of Government. 
84 Presumption as to collections of laws and reports of decisions. 
85 Presumptions as to powers-of-attorney. 
85A Presumption as to electronic agreements. 
85B Presumption as to electronic records and electronic signatures. 
85C  Presumption as to electronic signature certificates. 
89 Presumption as to due execution, etc., of documents not produced. 
105 Burden of proving that case of accused comes within exceptions. 

Section 79 and section is based on maxim –

Omnia Praesumuntur Rite Esse Acta

All Acts are presumed to be rightly done

Irrebuttable Presumption of Law – Conclusive Proof

Whenever it is mentioned that a fact is a “conclusive proof” of another fact , the court has no discretion at all and cannot call upon a party to prove that fact.

Section  Title 
41 Relevancy of certain judgments in probate, etc., jurisdiction. 
112 Birth during marriage, conclusive proof of legitimacy. 
113 Proof of cession of territory. 

 

Watch this topic – Section – 79 to 90 of Evidence Act – Presumptions as to Documents on YouTube

Juriscrack Admin

Notes on Evidence Act

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