Meaning and Legal Basis
An irrebuttable presumption (also called conclusive proof) is a presumption of law that cannot be challenged, disproved, or rebutted by any evidence. Once the conditions specified in the statute are fulfilled, the court must accept the presumed fact as conclusively true. Under the Indian Evidence Act, 1872, irrebuttable presumptions are recognized under Section 4, which defines “conclusive proof.” When a fact is declared by law to be conclusive proof of another, the court is barred from allowing any contrary evidence. This rule ensures legal certainty and prevents unnecessary litigation concerning matters already fixed by statute.
Examples Under Law
Certain statutes expressly create irrebuttable presumptions. For instance, under Section 82 of the IPC, a child below seven years is conclusively presumed to be incapable of committing a crime, meaning no evidence can be presented to show otherwise. Similarly, in matrimonial law, certain grounds related to legitimacy of children born during a valid marriage may be treated as conclusive in specific circumstances. These presumptions promote social welfare, public policy, and legal security by preventing disputes on issues where the law wants finality. Unlike rebuttable presumptions, the accused or opposite party has no opportunity to disprove the presumed fact.
Judicial Purpose and Consequences
Irrebuttable presumptions are used sparingly because they limit the right to present evidence. Courts interpret them strictly, ensuring they operate only where expressly mentioned by statute. Their primary function is to uphold public policy, such as protecting minors, ensuring stability in family relations, or preventing misuse of defences in criminal law. Once an irrebuttable presumption applies, the fact is treated as conclusively established, leaving no room for judicial discretion. The outcome is automatic, making these presumptions powerful but carefully regulated legal tools.
Real-Time Example
A six-year-old child accidentally harms another child while playing. The police register a case, but the court immediately applies Section 82 IPC, which conclusively presumes that a child below seven years lacks criminal intent (doli incapax). No amount of evidence—whether about the child’s maturity, intelligence, or circumstances—can rebut this presumption. Since the presumption is irrebuttable, the court must treat the child as incapable of committing an offence and close the criminal proceedings, thereby ensuring protection based on public policy.
Mnemonic to Remember
Mnemonic: “F-I-X-E-D” (Irrebuttable = Fixed by Law)
- F – Final Fact: Once presumed, cannot be challenged.
- I – IPC Example: Section 82 protects children below 7.
- X – No Exceptions: Court cannot accept contrary evidence.
- E – Established by Statute: Only when law expressly states.
- D – Designed for Policy: Ensures public welfare and legal certainty.
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