You are on page 1of 1

Acc.to Black's Law Dict.

"presumption", is a rebuttable assumption of fact, resulting from a rule of law which requires
such fact to he assumed from another fact or group of facts found or otherwise established in the action. A
presumption is not evidence in itself. It is either rebuttable or conclusive.-In the Law of Evidence the word
'presumption' is used to designate an inference, affirmative or negative, of the existence of matter of fact either
judicially noticed or admitted or established by legal evidence to the satisfaction of the tribunal. Examples: i- A files a
suit against B alleging that B borrowed Rs. 400 on the foot of the pronote. B admits that he executed the pronote:
from it the natural presumption would arise that B borrowed a sum of Rs. 400 from A.- Kinds of Presumption are 3-
1-Presumption of Fact- are inferences naturally drawn from the observation of the course of nature and the
constitution of human mind. S. 114 & the illustrations under this section are examples of presumption of facts. Ss. 86,
87, 88 and 90 also deal with the presumption of fact. These presumptions are generally rebuttable. 2-Presumptions of
Law-divided in2 - (i) Irrebuttable or Conclusive: The conclusive or irrebuttable presumptions of law are those legal
rules which are not overcome by any evid. that the fact is otherwise, (ii) Rebuttable-This kind of presumption arises
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 the absence of such evidence. 3. Mixed Presumptions of law and fact are chiefly confined to the English
law of real property so it is not necessary to presume subject here. The Indian Evidence Act has made provisions for
the presumptions of fact and the presumptions of law. Difference b/w Presumption of Law and Presumption of Fact-
Presumptions of Law: 1. No discretion is vested in the Court at all. The law peremptorily requires a certain inference
to be made whenever the facts appear which the law assumes as the basis of the inference. 2. Presumptions of law
are, in reality rules of law, and part of the law itself. 3. Presumptions of law must be drawn. 4. There are two kinds' of
presumptions of law- rebuttable and irrebuttable. Presumptions of Fact 1. A discretion, more Or less extensive as to
drawing the inference, is vested in the tribunal. 2. Presumptions of fact are not rules of law. 3. Presumptions of fact
may or may not be drawn. 4.There is no such division in the case of presumptions of fact. Presumption of Law- 1. May
Presume 2. Shall Presume 3. Conclusive Proof

You might also like