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Section 4 - Indian Evidence Act, 1872
Indian Evidence Act, 1872
4. "May presume"
Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it:
"Shall presume" – Whenever it s directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it disproved;
"Conclusive proof" – When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
Related Sections
- Section 44: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- Section 85B: Presumption as to electronic record and digital signatures
- Section 117: Estoppel of acceptor of bill of exchange, bailee or licensee
- Section 105: Burden of proving that case of accused comes within exceptions.
- Section 161: Right of adverse party as to writing used to refresh memory
Related Acts
* Only for reference.