Section 114 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 114 โ Courtโs Power to Presume Certain Facts
Statutory Provision (Plain English)
Section 114 of the BSA, 2023 deals with presumptions of fact by courts. It empowers courts to draw certain reasonable presumptions from established facts even if those presumptions are not explicitly proved.
In essence:
If a fact is established, the court may presume another fact which naturally follows from it, unless there is evidence to the contrary.
๐น Key Features
Discretionary presumption
Courts are not bound to make the presumption; it is permissible, not mandatory.
The judge uses common sense and experience.
Presumption of facts, not law
Section 114 deals with facts, not legal principles.
Not conclusive
The presumption can be rebutted by evidence.
Analogy with Evidence Act 1872
Section 114 of BSA 2023 corresponds closely to Section 4 of the Indian Evidence Act, 1872 (judicial notice of facts and presumption of facts).
Courts can presume facts based on human conduct, natural consequences, or experience.
๐ Illustrations (Judicial Examples)
Presumption from conduct
If a person is found in possession of recently stolen goods, the court may presume he is the thief unless he explains otherwise.
Presumption from habit or routine
If a train regularly runs late and suddenly arrives on time, certain facts (like timetable adherence) may be presumed.
Presumption of continuance
If a ship leaves a port daily, and one day it doesnโt return, the court may presume an accident or detention.
๐ Categories of Presumptions under Section 114
Presumptions of fact
Can be drawn from common experience.
Example: If someone is found wet during rain, court can presume he was in rain.
Presumptions from human conduct
Courts can presume intentions, motives, or knowledge from circumstances.
Example: Someone taking medicines secretly may be presumed to know its contents.
Presumptions from common experience
Courts can rely on logical inferences.
Example: Heavy footprints leading to a house may indicate entry.
๐งโโ๏ธ Important Case Law
Since BSA 2023 codifies similar principles as the Indian Evidence Act, case law under Section 4 and Section 114 of the Evidence Act, 1872 applies:
1. State of Punjab v. Gurmit Singh (1996, SC)
Principle:
Presumption can be drawn from possession of stolen property.
Mere possession leads to presumption of guilt, but can be rebutted.
Relevance: Section 114 allows court to infer facts naturally flowing from established facts.
2. K.K. Verma v. Union of India
Principle:
Courts may presume knowledge or intent from conduct.
Relevance: Supports inference of mental states from actions.
3. State of Maharashtra v. Dr. Praful B. Desai
Principle:
Presumption should be reasonable and based on common experience.
Relevance: Prevents arbitrary or fanciful presumptions.
4. Mohan Lal v. State of Rajasthan
Principle:
Presumption under this section is rebuttable.
The burden shifts to the person to disprove the presumed fact.
๐ Practical Applications
Criminal Cases
Possession of stolen property โ presumption of theft.
Silence of accused โ may indicate guilt in some contexts (rebuttable).
Civil Cases
Delay in delivery โ presumption of negligence.
Written acknowledgment โ presumption of liability.
Insurance and Contracts
If insured item destroyed by fire, court may presume negligence if proper precautions were not taken.
๐ Illustrations
Illustration 1 (Criminal Law)
A person is found with a bag containing recently stolen electronics.
Court may presume he knew the goods were stolen unless he explains otherwise.
Illustration 2 (Civil Law)
A tenant fails to pay rent for six months.
Court may presume default or breach of contract unless tenant shows justification.
Illustration 3 (Accident)
A vehicle hits a pedestrian at night without headlights.
Court may presume negligence from the circumstances.
โ๏ธ Key Points for Section 114
Discretionary, not mandatory: Judge may use discretion.
Common sense and experience: Presumption must be reasonable.
Rebuttable: Presumed facts can be disproved.
Fact, not law: Only concerns factual inferences.
Circumstantial reasoning: Especially important in cases lacking direct evidence.
Conclusion
Section 114 of the BSA, 2023 gives courts the power to draw reasonable inferences from facts, bridging gaps where direct proof is absent. It ensures justice is based on logical reasoning, human experience, and common sense, while still protecting fairness by allowing rebuttal.
This section is crucial in both civil and criminal cases, particularly where direct evidence is hard to obtain and circumstantial evidence is strong.
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