PRESUMPTIONS

INTRODUCTION
◦ A fact which is automatically accepted by the court without need of
proof.
◦ This topic must be read together with burden of proof .
◦ Where it applies it will relief the party who can rely on the presumption
from proving that particular fact as the court will accept the existence of
the fact until rebutted by the other party.
TYPES

PRESUMPTIONS

WITH BASIC WITHOUT

FACTS BASIC FACTS
PRESUMPTION WITH BASIC
FACTS

BASIC FACT • if establish

CORT
• the
MAY/MUST existence
ACCEPT

PRESUMED • BOP
FACT shifted
CONT
A found in
possession of • prosecution
has to establish
stolen good BRD
after the theft

• presume
CT PRESUME without calling
A IS A THEFT proof from
Prosecution

• BOP on A
PRESUMED to rebut on
FACT balance of
probabilities
Presumptions without basic facts
◦ Not necessary to establish any basic fact .
◦ Court will automatically accept the presumed fact.
◦ Example : presumption of innocence

: presumption of sanity

Both are rebuttable presumptions

by evidence to the contrary.
CONT

PRESUMPTION

LAW FACTS

DISCRETION OF COURT REBUTTABLE NO DISCRETION OF COURT REBUTTABLE/IRREBUTTABLE

 Presumptions with basic facts:
◦ Section 4. Presumption.

◦ (1) Whenever it is provided by this Act that the court may presume a fact, it may
either regard the fact as proved unless and until it is disproved, or may call for
proof of it.
◦ (2) Whenever it is directed by this Act that the court shall presume a fact, it shall
regard the fact as proved unless and until it is disproved.
◦ (3) When one fact is declared by this Act to be conclusive proof of another, the court
shall, on proof of the one fact, regard the other as proved, and shall not allow
evidence to be given for the purpose of disproving it.
◦
CONT.
◦ Example of section 4 (1) = s.114 ( presumption of
fact)

◦ s.4(2) = s112( rebuttable presumption of law )

◦ s.4(3) = s.113(irrebuttable presumption of law

CONT.

COURT DISCRETION
DOCUMENTS

SPECIFIC
FACTS
RELATING TO DOCUMENTS

S 86

S 90 DOCUMENTS
S 87

S 88
SPECIFIC FACTS
S
107
S S
111 SPECIFIC 108
FACTS

S S
110 109