LEI 3024:LAW OF EVIDENCE

TOPIC 6:PRESUMPTION
 LEARNING OUTCOME
1. Evaluate appropriate legal concepts to aid problem
solving.
2. Appraise and evaluate evidence from appropriate legal
sources to make independent, logical arguments.
 PRESUMPTION (ANGGAPAN)
Presumption is an inference of a fact drawn from other
known or proved facts.
An idea that is taken to be true on the basis of

probability.
“Kesimpulan terhadap seseorang atau sesuatu,
pandangan, pendapat, atau sangkaan”
 PRESUMPTION
In Court of Law – Prosecution must PROVE or
DISPROVE his case.
But if the case is under “Presumption”, the proof is not

required.
Section 4 of Evidence Act sets out what the court may

presume.
EVIDENCE ACT 1950
 PRESUMPTION
Two types of presumption:-
1. Presumption of law (Praesumptio Juris)
2. Presumption of fact (Praesumptio Hominis)
 PRESUMPTION OF LAW
 Where the law indicates that inference must be made and an individual
has no discretion to exercise any form of discretion to reject such inference
made by the law.
 Presumption of Law is CONCLUSIVE or IRREBUTTABLE.

 Referred to as presumptions where basically it is a substantive law.

 It is stated in Section 4 (3) of the Evidence Act 1950.

EVIDENCE ACT 1950
PENAL CODE
 PRESUMPTION OF FACT

 Inference is made upon the accused through the discretion of the

judge.
 It stated in Section 4 (1) and (2) of The Evidence Act 1950.

 Naturally & Logically

 Not required by the law. But it is allowed.

 Presumption of fact is NOT CONCLUSIVE and it is

REBUTTABLE.
 Can rebut the presumption by giving relevant facts.
CONT..
 Example: Where a man with bloodstained clothes comes out of a room where
another man has been stabbed to death. The inference is that the man coming
out of the room is the murderer.
 Example: the law assumes that a person found in possession of recently

stolen goods is either the thief or has received the goods knowing them to be
stolen, unless he can account for his possession.
 The presumption will subsist in the absence of evidence to the contrary.
EVIDENCE ACT 1950
EVIDENCE ACT 1950
DANGEROUS DRUGS ACT 1952
END OF SLIDES.
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