Law of Evidence -part two
CHAPTER VI
PRESUMPTIONS AS TO THE DOCUMENTS
Meaning of Presumption…..
Presumption is an inference of fact drawn from other known or proved facts. It is a rule which treats an unknown fact as proved on proof or admission of certain other facts. It means a rule of law that courts shall draw a particular inference from a particular fact or from particular evidence, unless and until the truth of such inference is disapproved.
Kinds of Presumptions…..
There are two kinds of presumptions:
1) May presume: presumptions of fact are permissive in the sense that the court has discretion to draw or not to draw them. They are also rebuttable as their evidentiary value may be negatived by contrary proof. Thus these presumptions afford a provisional proof. That a person found in possession of stolen property soon after the theft is either the thief or has received the goods knowing them to be stolen is a presumption is a presumption of this type.
2) Shall presume: they are always obligatory; and a judge cannot refuse to draw the presumption. Such presumptions are either (1) rebuttable, or (2) irrebuttable. Rebuttable presumptions of law are indicated by the expression ‘shall presume’. They hold good unless and until there is contrary evidence, e.g., the court shall presume the genuineness of every Government publication. (section-84)
Difference between Rebuttable and Irrebuttable Presumption
Rebuttable Presumption
Irrebuttable Presumption
(‘conclusive proof’)
PRESUMPTIONS AS TO THE DOCUMENTS
Meaning of Presumption…..
Presumption is an inference of fact drawn from other known or proved facts. It is a rule which treats an unknown fact as proved on proof or admission of certain other facts. It means a rule of law that courts shall draw a particular inference from a particular fact or from particular evidence, unless and until the truth of such inference is disapproved.
Kinds of Presumptions…..
There are two kinds of presumptions:
1) May presume: presumptions of fact are permissive in the sense that the court has discretion to draw or not to draw them. They are also rebuttable as their evidentiary value may be negatived by contrary proof. Thus these presumptions afford a provisional proof. That a person found in possession of stolen property soon after the theft is either the thief or has received the goods knowing them to be stolen is a presumption is a presumption of this type.
2) Shall presume: they are always obligatory; and a judge cannot refuse to draw the presumption. Such presumptions are either (1) rebuttable, or (2) irrebuttable. Rebuttable presumptions of law are indicated by the expression ‘shall presume’. They hold good unless and until there is contrary evidence, e.g., the court shall presume the genuineness of every Government publication. (section-84)
Difference between Rebuttable and Irrebuttable Presumption
Rebuttable Presumption
Irrebuttable Presumption
(‘conclusive proof’)
