Definition and Legal Basis
A “shall presumption” or legal presumption refers to a situation where the law directly directs the court to presume a fact upon proof of certain other facts. Under the Indian Evidence Act, 1872, presumptions can be rebuttable or irrebuttable. A “shall presumption” typically creates a mandatory legal presumption, meaning that once the foundational facts are established, the court must presume the fact as true, unless the law specifies it as irrebuttable. Rebuttable presumptions allow the accused or opposite party to provide evidence to disprove it, while irrebuttable presumptions cannot be challenged. Sections 4, 112, and 113B of the Evidence Act deal with presumptions relating to age, legitimacy, and dowry deaths, providing examples of mandatory legal presumptions.
Application and Scope
Shall presumptions are applied to simplify the burden of proof in certain statutorily defined situations, making litigation more efficient. For instance, Section 113B of the Evidence Act presumes that a husband or relative caused a woman’s death if harassment for dowry and unnatural death within seven years of marriage are proved. Similarly, Section 112 presumes that a child born during the continuance of a valid marriage is legitimate. In these cases, the court shall presume the fact unless sufficient evidence is produced to rebut it. This legal tool shifts the evidentiary burden to the party who can reasonably be expected to provide proof.
Judicial Approach and Safeguards
Courts apply “shall presumptions” carefully, ensuring that fundamental rights like right to fair trial (Article 21) are not violated. While the law mandates the presumption, judicial discretion allows the accused or party to rebut it with credible evidence unless it is an irrebuttable presumption. This balance ensures that the presumption promotes justice and efficiency without causing unfair prejudice. Courts examine both the foundational facts and rebuttal evidence meticulously before arriving at a decision.
Real-Time Example
In a dowry death case under Section 304B IPC, a woman dies due to burns within two years of marriage, and prior harassment for dowry is established. The court shall presume that the husband or relatives caused her death under Section 113B Evidence Act. The accused attempts to show the death was accidental, but the court examines prior complaints, witness testimony, and circumstantial evidence. The mandatory presumption places the initial burden on the accused to disprove involvement, illustrating how shall presumptions operate in real-life cases.
Mnemonic to Remember
Mnemonic: “P-R-E-S-U-M-E”
- P – Proof of Foundational Facts: Certain facts must first be established.
- R – Rebuttable/Irrebuttable: Some presumptions can be challenged; some cannot.
- E – Evidentiary Shift: Burden may shift to opposite party.
- S – Statutory Support: Sections 112, 113B, etc.
- U – Uncontested Presumption: Court shall presume fact as true.
- M – Mandatory: Presumption applies once facts proved.
- E – Efficiency in Trial: Simplifies proof and aids justice.
About lawgnan
To fully understand the concept of “shall presumption” under the Indian Evidence Act, visit Lawgana.in, where complex legal doctrines are explained in simple, structured, and exam-focused language. Lawgana.in offers detailed notes, illustrations, case-based explanations, and mnemonics designed to help students remember statutory presumptions such as legitimacy, dowry death, and mandatory evidentiary shifts. Whether you are preparing for judiciary exams, LL.B. semesters, or competitive law tests, our expertly crafted content strengthens conceptual clarity and boosts scoring potential. Explore comprehensive legal study resources today on Lawgana.in and upgrade your learning experience.
