ABOUT PRESUMPTION –

Presumption generally means a process of ascertaining few facts on the basis of

possibility or it is the consequence of some acts in general which strengthen the
possibility and when such possibility has great substantiate value then generally
facts can be ascertained.
Presumption is broadly of three types –
a) Presumption of law
b) Presumption of fact
c) Mixed presumption
Presumptions of Law are such inferences and beliefs which are established or
assumed by the law itself. It can further be divided into rebuttable presumptions of
law and irrebuttable presumptions of law. Rebuttable presumption is basically that
presumption which can be questioned or which is also shall presumption u/s 4 of
IEA. Whereas irrebuttable presumption is that presumption which cannot be
questioned further or which is a conclusive proof u/s 4 of IEA.
The shall presumptions under the ‘presumptions of law’ are –
a) Presumptions as to innocence of an accused.
b) Legitimacy of a child till the point it can be rebutted.
c) The presumption of death in case the person is not found for seven years
(Section 108 of IEA).
d) Possession reflects ownership unless rebutted (Section 109 of IEA).
e) Any constitutional provision shall be presumed to be true unless it is
repealed.
f) Everybody shall be presumed to be same.
Conclusive Proof u/s 4 of IEA means that, on proving of one fact, the other fact is
conclusively presumed. The provisions of Conclusive Proof in IEA are Sections
41, 112 and 113.
a) Section 41 – it states that once a judgement, order or decree is passed, the
legal character conferred or the right accrued or the title given shall be
binding to the as against the whole world.
b) Section 112 – a child will be considered to be legitimate if it is proved that
the child was born within a valid marriage or within 280 days after divorce,
if the woman has not remarried. However, before raising the Conclusive
Proof, the husband will be given a chance to prove non access to the
woman. If he fails to prove so, then the Conclusive Proof will be raised.
In 1934, the Privy Council explained the meaning of ‘access’ which was
accepted by 3 Judge Bench in 1954 in the case of Chilukuri Venkateswarlu
 vs. Chilukuri Venkatanarayana. Finally, in Kamti Devi vs. Poshi Ram, 2001,
the position of the controversy was put to rest. Some High Courts earlier
held that ‘access’ means actual sexual intercourse between the spouses. But,
these two earlier cases held that the word ‘access’ connotes only existence
of opportunity for marital intercourse.
c) Section 113 – any part of British Territory will be presumed to have become
a part of any native state, prince or ruler if a notification has been passed by
the Official Gazette.
Presumption of Fact are those inferences that are naturally and reasonably
concluded on the basis of observations and circumstances in the course of basic
human conduct.
It is of 2 types –
a) May Presumption – it is a condition when the court enjoys its discretion
power to presume any/ certain/ few facts and recognize it either proved or
may ask for corroborative evidence to confirm or reconfirm the presumption
set by the court in its discretion. The provisions for May Presumption under
IEA are –
1) Section 86 – it gives discretion to the court to presume foreign
judgements, orders, decrees to be true.
2) Section 87 – it allows discretion to the court to presume the author of a
book, maps and charts and the time and place they are specified to be
published.
3) Section 88 – it allows discretion to the court to presume that the receiver
of the telegram is the person to whom the telegram is addressed.
4) Section 90 – if a document has been in a rightful custody for over 30
years, the court may presume that the contents of the document is of the
person who has the custody of such document.
5) Section 90A – in case of an electronic record, a person having rightful
custody for over 5 years, the court may presume that the contents of such
record is of the person who has the custody.
6) Section 113A – if a woman commits suicide within 7 years of her
marriage and it is shown that she was subjected to cruelty, the court may
presume that the husband and his relatives have abetted her to commit
suicide.

b) Shall Presumption – it means presumption of a fact until and unless the

other party disproves it. The provisions of shall presumptions under IEA are
as follows –
 1) Section 79 – when the criteria of a document being a certified copy of a
public document are complied with, the court shall presume such
certified copy to be true.
2) Section 80 – documents which are produced as record of evidence, the
court shall presume them to be true unless there is a lot of discrepancy
error.
3) Section 81 – the court shall presume of the genuineness of every Official
Gazette, newspapers, private Act of the Parliament. In the case of State
of Rajasthan vs. UOI, the Supreme Court held that, newspapers and
journals would not come under the ambit of shall presumption since they
are hearsay evidence.
4) Section 82 – if any document does not require to prove any seal or
attestation in UK and Ireland, the India will also not require it.
5) Section 83 – maps and plans made by government authority shall be
regarded to be true but if it is not accurate, that shall not be the case.
6) Section 84 – collections of laws and reports of decision shall be
presumed to be true if printed by authoritative body.
7) Section 85 – the court shall presume every document purporting to be a
power of attorney and to have been executed before, and authenticated
by a notary public or any court, judge, magistrate, Indian Consel or Vice
Consel or Representative of the Central Government was so executed
and authenticated.
8) Section 85A – the court shall presume in case of electronic agreement,
such was concluded by affixing the electronic signature of the parties.
9) Section 85B – in case of electronic record, the court shall presume that it
has not been altered after the specific time to which the secure status
relates.
10) Section 85C – in case of electronic signature certificate, the court
shall presume the information listed therein is correct if the subscriber
information was verified.
Mixed Presumption includes both aspects of facts as well as law. The principles
of such presumptions are only reflected in the English which specifically deals
with statute of real property.
Therefore, presumptions has a wider scope as they don’t only help the victim in the
fast trial but it also helps in giving direction to the case. Therefore, such
presumption can effectively help the judiciary in providing quick and complete
justice to the society.