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13 views

Section 4

Uploaded by

Tanissha Ghatwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Kinds Of Presumption

Section 4 in The Indian Evidence Act, 1872

NAME- TANISSHA GHATWAL


CLASS- BBA.LLB-3B
ENROLLMENT NO.- 09451103520
PREPARED FOR- MR. SANJEEV GHANGHASH
SUBJECT- LAW OF EVIDENCE
Introduction
Section 4 in The Indian Evidence Act, 1872
May presume”.—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.
“Shall presume”.—Whenever it is directed by this Act that the Court shall presume
a fact, it shall regard such fact as proved, unless and until it is disproved.
“Conclusive proof”.—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.

Presumption
• Presumptions are inferences which are drawn by the court with respect to the
existence of certain facts
• The basic rule of presumption is when one fact of the case or circumstances are
considered as primary facts and if they are proving the other facts related to it,
then the facts can be presumed as if they are proved until disproved.
Kinds Of Presumption
May Presume
Shall Presume
Conclusive Proof

PRESUMPTION

Presumptions of fact Presumptions of law.

Rebuttable Rebuttable Irrebuttable

May Presume Shall Presume Conclusive Proof


May Presume
May presume is a condition when the court enjoys its discretion power to presume
any/ certain/ few facts and recognize it either proved or may ask for evidence to
confirm or reconfirm the presumption set by the court in its discretion.

The term 'May Presume' refers to presumptions that can be rebutted.

There are few provisions that are directly expressing about May Presumptions
such as:
•Section 86 talk about certified copies of foreign judicial records
•Section 87 expresses presumption of Books, Maps and Charts
•Section 88 deals with presumption related to Telegraphic Messages
•Section 90 deals with documents aged thirty years old
•Section 113 A deals with Presumption as to abatement of suicide by a married
women
Shall Presume
Shall presume denotes a strong assertion or intention to determine any fact. Section 4
of Indian evidence Act explains the principle of ‘Shall Presume’ that the court does
not have any discretionary power in the course of presumption of ‘Shall
Presume’, rather the court has presumed facts or groups of facts and regard them as if
they are proved until they are disproved by the other party.

The concept of ‘Shall Presume’ may also be called ‘Presumption of Law’ or


‘Artificial Presumption’ or ‘Obligatory Presumption’ or ‘Rebuttable Presumption of
Law’

There are few provisions that directly express about Shall Presumptions such as:
•Section 113B. Presumption as to dowry death.
•Section 114A. Presumption as to absence of consent in certain prosecution for rape
Conclusive Proof
Conclusive Proof is defined under Section 4 that one fact is said to be conclusive
proof when the court shall on the proof of a certain fact regard another fact to be
proved and the court shall not allow any evidence which shall to be given for the
purpose of disproving such a fact. Conclusive Proof is also known as Conclusive
Evidence.

These presumptions are intended to benefit society as a whole, rather than just the
individual. Even if a presumption is challenged with probative evidence, the law has
unlimited power and will not admit any proof contradicting the presumption, in
which means that the assumption will be upheld.

There are few provisions that expressing about Conclusive Proof such as:
•Section 112. Birth during marriage, conclusive proof of legitimacy.
•Section 113. Proof of cession of territory.
•Section 41. Relevancy of certain judgments in probate, etc., jurisdiction.

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