Presumption - Definition - Law Dictionary Home Dictionary Definition presumption

Definition :

Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.

Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.

There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory presumption the mere explanation or evidence which need be only reasonably true and not necessarily true is not enough. The burden resting on the accused person in such a case would not be as light as it is where a presumption is raised under s. 114 of the Evidence Act. Under statutory presumption, the presump-tion has to be rebutted by 'proof' and not by a bare explanation which is merely plausible, Ram Kishan Bedu Rane v. State of Maharashtra, AIR 1973 SC 246: (1973) 1 SCC 366.

Presumption is an inference of a certain fact drawn from other proved facts. While inferring the existence of a fact from another, the court is only applying a process of intelligent reasoning which the mind of a prudent man would do under similar circumstances. Presumption is not the final conclusion to be drawn from other facts. But it could as well be final if it remains undisturbed later. Presumption in law of evidence is a rule indication the stage of shifting the burden of proof. From a certain fact or facts the court can draw an inference and that would remain until such inference is either disproved or dispelled, State of Andhra Pradesh v. Vasudeva Rao, (2003) 9 SCC 312 (327). [Evidence Act, 1872, s. 114 (4 and 3)]

A presumption is a rule of law which requires the court to draw a given conclusion on proof or existence of certain facts and leaves it to the party disputing the conclusion to rebut the same. Presumptions may be of fact or of law. A pre-sumption is an inference sanctioned by law which does not logically or necessarily follow from the proved facts, State of West Bengal v. Mohd Khalil, (2000) 4 SCC 594 (602).