Bare Act Search Results
Home Bare Acts Phrase: presumption Page 1 of about 526 results (0.006 seconds)Indian Evidence Act 1872 Section 88A
Title: Presumption as to Electronic Messages
State: Central
Year: 1872
1 [88A. Presumption as to electronic messages The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent. Explanation.-For the purposes of this section, the expressions "addressee" and "originator" shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000.] ________________________ 1. Inserted by Act 21 of 2000, section 92 and Schedule II (w.e.f. 17-10-2000).
View Complete Act List Judgments citing this sectionAnti Hijacking Act 1982 Section 10A
Title: Presumptions as to Offences Under Sections 4 and 5
State: Central
Year: 1982
1[" 10A . Presumptions as to offences under sections 4 and 5-- In a prosecution for an offence under section 4 or section 5 if it is proved:-- (a) that the arms, ammunition or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunition or explosives of similar nature were used in the commission of such offence; or (b) that there is evidence of sue of force, threat of force or any other form o intimidation caused to the crew or passengers in connection with the commission of such offence, the Designated Court shall presume, unless the contrary is proved, that the accused had committed such offence. "] ____________________________ 1. Inserted by the Anti Hijacking (Amendment) Act, 1994
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 113B
Title: Presumption as to Dowry Death
State: Central
Year: 1872
1 [113B. Presumption as to dowry death When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Explanation.-For the purposes of this section "dowry death" shall have the same meaning as in section 304B, of the Indian Penal Code (45 of 1860)]. _______________________ 1. Inserted by Act 43 of 1986, section 12 (w.e.f. 5-1-1986).
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 114A
Title: Presumption as to Absence of Consent in Certain Prosecutions for Rape
State: Central
Year: 1872
1 [114A. Presumption as to absence of consent in certain prosecutions for rape In a prosecution for, rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.] _______________________ 1. Inserted by Act 43 of 1983, section 6.
View Complete Act List Judgments citing this sectionPre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 Section 24
Title: Presumption in the Case of Conduct of Pre-natal Diagnostic Techniques
State: Central
Year: 1994
1 [24. Presumption in the case of conduct of pre-nataldiagnostic techniques.-- Notwithstanding anything contained in the IndianEvidence Act, 1872 (1 of 1872),the court shall presume unless thecontrary is proved that the pregnant woman was compelled by her husband or any other relative, as the case may be, to undergo pre-nataldiagnostic technique for the purposes otherthan those specified in subsection(2) of section 4 and suchperson shall be liable forabetment of offence under sub-section(3) of section 23 and shall be punishable for the offence specified under thatsection.] _______________________ 1.Substituted by Act 14 of 2003,sec. 20, for section 24 (see Annexe).
View Complete Act List Judgments citing this sectionPrevention of Corruption Act, 1988 Section 20
Title: Presumption Where Public Servant Accepts Gratification Other Than Legal Remuneration
State: Central
Year: 1988
(1) Where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or clause (b) or sub-section (1) of section 13 it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself, or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7 or, as the case may be, without consideration or for a consideration which he knows to be inadequate. (2) Where in any trial of an offence punishable under section 12 or under clause (b) of section 14, it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed, unless the contrary is proved, that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as.....
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 54
Title: Presumption from Possession of Illicit Articles
State: Central
Year: 1985
1[54. Presumption from possession of illicit articles In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of-- (a) any narcotic drug or psychotropic substance or controlled substance; (b) any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated; (c) any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance; or (d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue left of the materials from which any narcotic drug or psychotropic substance or controlled substance has been manufactured, for the possession of which he fails to account satisfactorily.] ______________________ 1. Substituted by Act 9 of 2001, section 25 for section 54 (w.e.f. 2-10-2001).
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 36A
Title: Presumption as to Documents in Certain Cases
State: Central
Year: 1944
1[36A. Presumption as to documents in certain cases Where any document is produced by any person or has been seized from the custody or control of any person, in either case, under this Act or under any other law and such document is tendered by the prosecution in evidence against him or against him and any other person who is tried jointly with him, the Court shall, -- ( a) unless the contrary is proved by such person, presume -- ( i) the truth of the contents of such documents; ( ii) that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the Court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person's handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; ( b) admit the document in evidence, notwithstanding that it is not duly stamped; if such document is otherwise admissible in evidence.] ________________________ 1. Inserted by Act 36 of 1973, section 23 (w.e.f. 1-9-1973).
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 10C
Title: Presumption of Culpable Mental State
State: Central
Year: 1955
1[10C. Presumption of culpable mental state (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ____________________________ 1. Inserted by Act 30 of 1974, section 8 (w.r.e.f. 22-6-1974).
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 111A
Title: Presumption as to Certain Offences
State: Central
Year: 1872
.....public order; or (b) any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence. (2) The offences referred to in sub-section (1) are the following, namely :-- (a) an offence under section 121, section 121A section 122 or section 123 of the Indian Penal Code (45 of 1860); (b) criminal conspiracy or attempt to commit, or abatement of, an offence under section 122 or section 123 of the Indian Penal Code (45 of 1860).] _______________________ 1. Inserted by Act 61 of 1984, section 20 (w.e.f. 14-7-1984).
View Complete Act List Judgments citing this section- << Prev.
- Next >>