Evidentiary Presumptions
Evidentiary Presumptions
PRESUMPTIONS
PRESUMPTIONS IN
GENERAL
But the court shall also have regard to such facts as the
following, in considering whether such maxims do or do
not apply to the particular case before it-
As to illustration (a):- A shop-keeper has in his till a
marked rupee soon after it was stolen, and cannot account
for its possession specifically, but is continually receiving
rupees in the course of his business;
As to illustration (b):- A, a person of the highest character
is tried for causing a man’s death by an act of negligence
in arranging certain machinery. B, a person of equally
good character, who also took part in the arrangement,
describes precisely what was done, and admits and
explains the common carelessness of A and himself;
COURT MAY PRESUME EXISTENCE
OF CERTAIN FACTS (CONTD.)
Under this Section, the fact that any person was born-
a) During the continuance of a valid marriage between
his mother and any man, or
b) Within two hundred and eighty days after its
dissolution, the mother remaining unmarried
Shall be conclusive proof that he is the legitimate son of
that man unless the parties had no access to each other
at any time when he could have been begotten
Evidence that child is born during wedlock is sufficient
to establish its legitimacy, and shifts the burden of
proof to the party seeking to establish the contrary
BIRTH DURING MARRIAGE
CONCLUSIVE PROOF OF
LEGITIMACY (CONTD.)