Section 267 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
🔷 Section 267 – Power of Court to Presume Existence of Certain Facts
Bare Meaning:
Section 267 empowers a court to presume the existence of certain facts, based on the general course of natural events, human conduct, and public and private business. The section allows judicial discretion, meaning the court may presume a fact under certain circumstances—but it is not bound to.
📜 Full Text of Section 267 (Paraphrased for Clarity):
"The Court may presume the existence of any fact which it thinks likely to have happened, having regard to the common course of natural events, human conduct, and public and private business, in their relation to the facts of the particular case."
🔍 Detailed Explanation:
✅ 1. Nature of Presumption: Discretionary
The court "may presume" — meaning it has the discretion, not the obligation, to presume a fact.
This is known as a "permissive presumption", not a mandatory or conclusive one.
✅ 2. Basis of Presumption:
The court is guided by:
Natural events – e.g., sunrise follows night, things fall downward due to gravity.
Human conduct – e.g., a person flees the scene of a crime; this might indicate guilt.
Public and private business – e.g., a letter sent by post is presumed to be delivered in due course.
These form the background context against which the court can infer whether a certain fact likely occurred.
🧠 Purpose of the Section:
Helps the court infer logical conclusions where direct evidence may not be available.
Supports the court in evaluating circumstantial evidence.
Ensures that justice is not obstructed merely because a fact is not directly proven.
⚖️ Examples (Hypothetical):
Natural Event:
If a river floods during heavy rainfall every year, and the court is told there was flooding after rain, the court may presume the rainfall caused it—even without meteorological data.
Human Conduct:
If a person runs away upon seeing the police after a crime is committed nearby, the court may presume guilt or fear of implication.
Business Practice:
If a bank records a transaction as completed, the court may presume it occurred in the usual course of business—unless proven otherwise.
❗️Limits and Safeguards:
Not a substitute for evidence – Presumptions can support but not replace actual proof.
Can be rebutted – The opposing party can present evidence to disprove the presumed fact.
Context-sensitive – The court must analyze each case on its own facts and circumstances.
🧩 Comparison with Other Sections (Within BSA):
While Section 267 deals with discretionary presumptions, other sections in the BSA (like mandatory presumptions or conclusive presumptions) may impose stricter obligations on courts.
🔚 Conclusion:
Section 267 is a foundational provision in the Bharatiya Sakshya Adhiniyam, 2023, that allows courts to rely on common sense, experience, and patterns of behavior to infer facts. It strikes a balance between rigid rules of evidence and the dynamic, real-world nature of how events unfold, ensuring flexibility and fairness in judicial proceedings.
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