Distinction between Presumption of Fact and Presumption of Law

 Distinction between Presumption of Fact and Law

 
Meaning of Presumption 

The Presumption is a legal or factual assumption drawn from the existence of certain facts. The Presumption raised under a statute has only on evidentiary value.

 

          Presumption of Fact
    Presumption of Law
1. Presumption of fact is based on logic, human experience and law of nature
1. Presumption of law is based on provision of law.
2. Presumption of fact is always rebuttable and goes away when explained or rebutted by established of positive proof.
2. Presumption of law is conclusive unless rebutted as provided under rule giving rise to presumption.
3. The position of presumption of fact is uncertain and transitory.
3. The position of presumption of law is certain and uniform.
The court can ignore presumption of law however strong it is.
The court can’t ignore presumption of law.
The presumptions of fact are derived on basis of law of nature, prevalent customs and human experience.
Presumption of law are derived on established judicial norms and they have become part of legal rules.
The Court can exercise its discretion while drawing presumption of fact i.e. presumption of fact is discretionary presumption.
Presumption of law is mandatory i.e. court is bound to draw presumption of law.
 
In Nagappa Dondiba v. State of Karnataka It was held that the recovery of ornaments of deceased which she was wearing before the murder, at the information of accused cannot connect the accused with murder unless some evidence to connect him with murder. No presumption of murder can be drawn under illustration (a)
 
Section 114: Court may presume existence of certain facts– 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.

Also Read: Deriving an Indian Identity through Preamble
 
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