Classification of Presumptions under the Indian Evidence Act 1872

Presumptions are broadly Classified into three groups :  

1) Presumption of Fact or Natural Presumption

2) Presumption of law or Artificial Presumption

     i)  Rebutable

     ii) Irrebuttable or Conclusive

3) Mixed Presumptions (Presumption of Fact and law both)



1) Presumption of Fact or Natural Presumption :

            Sections 86 - 88, 90,, 113A and 114 lay down the provisions relating to Presumption of Fact or Natural Presumptions  as stated below. these principles are generally rebuttable.

Section 86.Presumption as to certified copies of foreign judicial records

Section 87.Presumption as to Books, Maps and Charts

Section 88.Presumption as to Telegraphic Messages

Section 90.Presumption as to documents thirty years old

Section 113A.Presumption as to abatement of suicide by a married women

Section 113B.Presumption as to dowry death

2) Presumption of law or Artificial Presumption: Presumptions of law or artificial presumptions are inferences or propositions established by law. 

Presumptions of law are of two kinds :

     i)  Rebuttable

     ii) Irrebuttable or Conclusive

i) Rebuttable Presumptions of law :
    
                          These kinds of presumptions arise when presumptions of law are certain legal rules, defining the amount of evidence requisite to Support a particular allegation, which facts being proved, may be either explained away or rebutted by evidence to the contrary but are conclusive in absence of such evidence. For example, A man is presumed innocent until he is proved guilty. A child is born in a legal wedlock shall be presumed legitimate and one who questions his legitimacy must disprove it.



Following are the Examples of this presumptions : 

Section 107.Burden of proving death of person known to have been alive within thirty years.

Section 108.Burden of proving that person is alive who has not been heard of for seven years.

Section 102.On whom burden of proof lies.

ii) Irrebuttable or Conclusive : 

                      These Presumptions are those legal rules which are not outcome of any evidence that the fact is otherwise. Section 82 of  Indian Penal Code is the well-known instance of an irrebuttable presumption of law which provides that nothing is an offense which is done by a child under 7 year of age. Section 115, 116 and Section 117 of the Indian Evidence Act 1872 deals with the rule Estoppel which are the examples of irrebuttable presumptions.


Following are the Examples of this presumptions : 

Section 115. Estoppel

Section 116. Estoppel of tenant and of license of person in possession

Section 117. Estoppel of acceptor of bill of exchange, bailee or licensee

(See.. Meaning and kinds of Estoppel)

3) Mixed Presumptions (Presumption of Fact and law both) : 

               Mixed presumptions of law and Fact are mainly confined to the English law of real property so it is not necessary to presume subject here.The Indian Evidence Act has made some provisions for the presumptions of fact and the presumptions of law. In certain sections of the Evidence Act, it has been provided that the court may presume certain facts. In some other sections, The court shall presume a fact has been used. There are certain sections in which it is said that a certain fact is conclusive proof of a certain another fact. Section 4 of the Evidence Act controls these sections and gives a direction to courts as to how proceed under those sections of the evidence act.


See also  

1) Difference between Giving false Information and Giving false Evidence

2) "Documents" under the Indian Evidence Act,1872.

3) Meaning, Definition and Kinds of Accomplice

4) When Secondary Evidence is Admissible ?

5) Meaning and Definitions of Evidence