Presumption Of Facts v/s Presumption Of Law: An Analysis

The Indian Evidence Act, of 1872 is a piece of legislation that codifies, defines, and updates Indian evidence law. All legal actions that are brought before any court inside the boundaries of India are covered by this Act. It also applies to court martial (but not to any actions taken by the Air Force Act, the Indian Navy Discipline Act, or the Army Act). However, it does not apply to any arbitration-related proceedings or affidavits submitted to a court.

Meaning Of Presumption

In general, the term "presumption" refers to the process of determining a few facts based on a possibility or as the result of actions that reinforce a possibility. When a possibility has a strong basis in reality, facts may usually be determined. In terms of the law, presumptions refer to conclusions reached by the court regarding the presence of particular facts. By applying a technique of "best probable reasoning" to the conditions, conclusions can be reached that are either positive or negative.

1. unforeseen occurrences,
2. actions of people, and
3. private as well as public business, in their relation to the facts of the particular case" is addressed in detail in Section 114 of the Indian Evidence Act[i].

Types Of Presumption

1. Presumption of Facts
2. Presumption of Law
3. Mixed Presumption

Presumption Of Facts

• Section 86[ii]- Presumption about authenticated copies of abroad-issued judicial documents
• Section 87[iii]: Presumption about publications, maps, and charts
• Section 88[iv]: Assumption about Telegraphic records
• Section 88A[v]: Assumption about electronic messaging
• Section 89[vi]-: Presumption as to due execution
• Section 90[vii]: Documents older than 30 years are presumed to be authentic.
• Section 113A[viii]: Assumption that a married lady assisted in her suicide.
• Section 113B[ix] - Presumption as to a married woman's aiding suicide concerning dowry death.

Several Situations Where A Court May Rely On The Presumption Of Fact To Determine Specific Facts Include:

1. Foreign Judicial Records: According to Section 86[x], the summoned document must be compliant with local or domestic laws and the court has the discretionary ability to presume the correctness and authenticity of certified copies of judicial records from various foreign countries. Because of its important importance, the assumption described in this Section should be followed. Additionally, it has been found that foreign decisions lose their value as evidence in court if the judge does not believe that they are compatible with local laws.
2. Abetment of a Married Woman's Suicide: The presumptions of aiding the suicide of a married woman by her husband or any of his relatives are covered under Section 113A[xi]. The court has outlined a few requirements to determine whether a married woman's suicide is inconsistent with the requirements stated in the provision. If it is, the court will presume that the husband or a member of his family encouraged the suicide. The fundamental elements of this clause are:
   1. Seven years had passed from the date of her marriage when the suicide occurred; and
   2. She has been treated cruelly by Section 498A of the IPC[xii] by her husband or a relative.

   Presumption Of Law

   Presumption of law refers to the arbitrary consequences that the law attaches to certain events. Although they might not be the same as the conclusions that we would often make, the law allows for the drawing of such inferences.

   Classification Of Presumption Of Law

   Irrebuttable Presumption Of Law

   Rebuttable Presumption Of Law

   Rebuttable presumptions are particular presumptions that are recognized as evidence of high quality and retain their value until the presumption is demonstrated to be false. Although it is difficult to gauge the scope of such assumptions because their validity only lasts until they are shown to be false.

   1. Under Section 113A[xviii] of the Indian Evidence Act, there is a presumption that a married lady who committed suicide within seven years of her marriage did so with assistance.
   2. Under Section 113B[xix] of the Indian Evidence Act, there is a presumption that the dowry will die within seven years of the marriage.
   3. Under Section 112[xx] of the Indian Evidence Act, a child born during a marriage is the ultimate evidence of legitimacy.

   Mixed Presumption

   1. Indian Evidence Act 1872, s 114
   2. Indian Evidence Act 1872, s 86
   3. Indian Evidence Act, s 87
   4. Indian Evidence Act 1872, s 88
   5. Indian Evidence Act 1872, s 88A
   6. Indian Evidence Act 1872, s 89
   7. Indian Evidence Act 1872, s 90
   8. Indian Evidence Act 1872, s 113A
   9. Indian Evidence Act 1872, s 113B
   10. Indian Evidence Act 1872, s 86
   11. Indian Evidence Act 1872, s 113A
   12. Indian Penal Code 1860, s 498A
   13. Indian Evidence Act 1872, s 113A
   14. Indian Evidence Act 1872, s 113A
   15. Indian Evidence Act 1872, s 113A
   16. Indian Evidence Act 1872, s 113A
   17. Indian Evidence Act 1872, s 113A
   18. Indian Evidence Act 1872, s 113A
   19. Indian Evidence Act 1872, s 113A
   20. Indian Evidence Act 1872, s 113B
   21. Indian Evidence Act 1872, s 1132
   22. 1990 Cri. L.J. 129
   23. Indian Evidence Act 1872, s 113A
   • Presumption Of Facts And Presumption Of Law
   • Presumption of law and fact under section 113-A and 113-B of Evidence Act 1872

   Law Article in India

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