IEA Section 114 — Court may presume existence of certain facts

Summary

A court is allowed to assume that a certain fact is true if, based on how things normally happen in nature, how people usually behave, and how public and private business is conducted, that fact seems likely to have occurred in the specific case. This helps the court decide what probably happened without needing direct proof of every detail.

Official Text

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.

Related Judgments

• SONU @ SUNIL vs STATE OF MADHYA PRADESH — Supreme Court of India (2020)
• KHOKAN GIRI @ MADHAB vs STATE OF WEST BENGAL — Supreme Court of India (2016)
• LIMBAJI AND OTHERS vs STATE OF MAHARASHTRA — Supreme Court of India (2001)
• DAGDU & OTHERS ETC. vs STATE OF MAHARASHTRA — Supreme Court of India (1977)
• DIPANWITA ROY vs RONOBROTO ROY — Supreme Court of India (2014)
• WAZIR KHAN vs STATE OF UTTARAKHAND — Supreme Court of India (2023)

Old <-> New Code Mapping

• BSA §119 — Court may presume existence of certain facts