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Unit 16 Presumptions PDF

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Hitanshi Pandya
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18 views

Unit 16 Presumptions PDF

Uploaded by

Hitanshi Pandya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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THE JUSTIFICATION OF

PRESUMPTION AND OF THE


DOCTRINE OF JUDICIAL NOTICE
• MAY PRESUME

• SHALL PRESUME
111A. Presumption as to certain offences.
• –– (1) Where a person is accused of having committed any offence
specified in sub-section (2), in ––

• (a) any area declared to be a disturbed area under any enactment, for the
time being in force, making provision for the suppression of disorder and
restoration and maintenance of 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 abetment of, an
offence under section 122 or section 123 of the Indian Penal Code (45
of 1860).]
112. Birth during marriage, conclusive proof
of legitimacy. ––

•The fact that any person was born during the continuance of
a valid marriage between his mother and any man, or within
two hundred and eighty days after its dissolution, the
mother remaining unmarried, shall be conclusive proof that
he is the legitimate son of that man, unless it can be shown
that the parties to the marriage had no access to each other
at any time when he could have been begotten.
113. Proof of cession of territory. ––

• A notification in the Gazette of India that any portion of British


territory has 1[before the commencement of Part III of the
Government of India Act, 1935 (26 Geo. 5, c. 2)] been ceded to any
Native State, Prince or Ruler, shall be conclusive proof that a valid
cession of such territory took place at the date mentioned in such
notification.
113A. Presumption as to abetment of suicide by
a married woman. ––
• When the question is whether the commission of suicide by a woman
had been abetted by her husband or any relative of her husband and
it is shown that she had committed suicide within a period of seven
years from the date of her marriage and that her husband or such
relative of her husband had subjected her to cruelty, the court may
presume, having regard to all the other circumstances of the case,
that such suicide had been abetted by her husband or by such
relative of her husband.
• Explanation. –– For the purposes of this section, “cruelty” shall have
the same meaning as in section 498A of the Indian Penal Code (45 of
1860).]
[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 had 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).]
114. Court may presume existence of certain
facts. ––
• The Court may presume the existence of any fact which it thinks
likely to have happened, regard being had to the common course of
natural events, human conduct and public and private business, in
their relation to the facts of the particular case.
illustrations
• The Court may presume ––

(a) that a man who is in possession of stolen goods soon, after the theft is either
the thief or has received the goods knowing them to be stolen, unless he can
account for his possession;

(b) that an accomplice is unworthy of credit, unless he is corroborated in material


particulars;
c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for
good consideration; (d) that a thing or state of things which has been shown to be
in existence within a period shorter than that within which such things or states of
things usually cease to exist, is still in existence;

(e) that judicial and official acts have been regularly performed;
• (f) that the common course of business has been followed in particular
cases;
(g) that evidence which could be and is not produced would, if produced,
be unfavourable to the
• person who withholds it;
(h) that if a man refuses to answer a question which he is not compelled to
answer by law, the answer,
• if given, would be unfavourable to him;
(i) that when a document creating an obligation is in the hands of the
obligor, the obligation has been
• discharged.
[114A. Presumption as to absence of
consent in certain prosecution for rape. ––
• In a prosecution for rape under clause (a), clause (b), clause (c),
clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause
(j), clause (k), clause (l), clause (m) or clause (n) 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 such woman states in her evidence before the court that she did
not consent, the court shall presume that she did not consent.
• Explanation.––In this section, “sexual intercourse” shall mean any of
the acts mentioned in clauses (a) to (d) of section 375 of the Indian
Penal Code (45 of 1860).]

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