What is presumption and its kinds? Also describe any example

(1) Introduction

Presumption is an acceptance of some fact as true or existent. In other words, when court presumes existence of some fact because of its strong probability but without a direct or conclusive proof, it is called as presumption. And if court presumes some fact, party in whose favor such fact is, is relieved of initial burden of proof. However, other party is free to provide that proof, which disproves presumption.

(2) Meaning of presumption

Court should presume every document to be genuine when such document purports to be that certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of federal government or a provincial government. Such presuming is called presumption.

(3) Types of presumption

  • (i) Presumption of fact
  • (ii) Presumption of law

(i) Presumption of fact

(a) Meaning

Presumption of fact is that presumption, which is about those things or events, which happen in day to day life, and we accept those thing or events as true.

(b) Drawing Of Inference

Presumption of fact is made through that inference, which our mind draws logically and naturally.

(c) Natural Presumption

Presumption of fact is also termed as natural presumption.

(d) Rebuttable

Presumption of fact is rebuttable from further evidence.

(e) Example

If some person is with blood stained clothes and a knife is in his/her hands, it is usually presumed that he/she is killer.

(ii) Presumption of law

(a) Meaning

Presumption of law are those arbitrary consequences, which is annexed by law to particular facts.

(b) Legal fictions

Presumption of law is, in fact, legal fiction.

(c) Rebuttable

Presumption of law can be rebuttable.

(d) Drawing Of Inference

Presumption of law is made through that inference, about which law prescribes that it should be drawn.

(e) Example

It is presumption of law that child, who is below seven years of age, is not capable of committing some crime. Similarly it is also presumption of law that some person, who has not been heard for specific period of time, is considered dead.

(4) Conclusion

To conclude, it can be stated that there is no difference between conclusive proof and conclusive evidence as far as presumption is concerned under Qanoon-e-Shahadat Order. In fact, both of these terms are to give finality to establishment of existence of some fact from proof of another fact.

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