1.

Presumptions of Fact or Natural Presumptions

-These are inferences which the mind naturally and logically draws from given facts without the help
of legal directions. Such inferences are drawn not by virtue of any rule of law, but by the
spontaneous operation of our reasoning faculty. These presumptions fall more properly within the
province of logic and do not constitute a branch of jurisprudence.
-They are always permissive, rebuttable, and do not constitute a branch of Jurisprudence. They are
indicated in the Act by the expression may presume.
-This gives the court the discretionary power to presume the existence of a fact, that the court may
regard the fact as proved unless and until it is disproved.
2. Presumptions of Law or Artificial Presumptions
-They are always obligatory, may be rebuttable or irrebuttable and constitute a branch of
Jurisprudence.
3. Rebuttable Presumptions of Law
-They are indicated in the Act by the expression shall presume
-this hold s good unless and until there is contrary evidence, example, the Court shall presume the
genuineness of every Government publication or those deals with the presumption of documents in
all these court shall presume the authentication of the document.
4. Irrebuttable Presumptions of Law
-They are indicated in the Act by the expression conclusive proof .
- Whenever it is mentioned that a fact is a conclusive proof of another fact, the court has no
discretion at all and cannot call upon a party to prove that fact, example, section 41 of the Act
provides inter alia that a final judgment, order or decree of a competent court in exercise of
matrimonial jurisdiction is a conclusive proof of that legal character. But Courts are not bound to
treat a registration endorsement as conclusive proof.
-There is no difference between the phrases conclusive evidence and conclusive proof as both are
cases of irrebuttable nature.
5. Presumptions as to documents
-In raising a presumption an inference is drawn by the Court from certain facts in supersession of
any other mode of proof. The word presumption is not defined in the Evidence Act. This definition
refers to the mandatory presumption and not to the permissive presumption. In its simplest form a
presumption is merely the assumption of the truth of a fact, either without any premises being
established, as in the presumption of innocence and sanity, or without complete premises, as in the
presumption of theft from the possession of stolen goods.