Evidence Act: Presumptions as to documents (S79 to 90)

A presumption in the general term means the inferences which are drawn by the court from the certain facts of the case or from certain evidence. One of the basic rules of the presumption is that the facts (which is called as presumed fact) of the case is proved relayed with the primary facts, then it will be considered until there is proved disapproval of it. It should always be remembered that proof of the certain facts will depend upon the inferences drawn from it which are known and proved. And this rule is applied by the judges and by the court.

The documents brought to the court can also led in presumption of that document and that presumption can be rebuttable unless it is proved or disproved. This presumption is classified into three groups under the Indian Evidence Act.

– May Presume: The court may presume that the certain document is accurate as it is certified by the concerned authority. Eg: section 86 of the act state for books and maps; section 87 where the information of public interest is published; the ancient documents, which are 30 years old, may be presumed in the court until disproved. (section 88).

– Shall Presume: Every Certified copy duly issued by the concerned authority shall be presumed to be genuine and, duly certified by that authority and that authority held the official status stated therein. Eg: the judicial proceeding records as mentioned under the section 79 of the particular act; maps or plans made by government (section 83).

– Conclusive proof: This kind of presumptions is also called irrebuttable presumptions, as the judgement in rem is conclusive in respect of the legal character. These presumptions made are always conclusive in nature. For example, cession of territory made by Government-conclusive if it is in official gazette.



Symbiosis Law School

Leave a Comment

Your email address will not be published. Required fields are marked *

%d bloggers like this: