May presume: Whenever it is proved 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 is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is 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.
Simplified Explanation
Section 4 of the Indian Evidence Act, 1872 deals with the concepts of “Presumption” and “Proof.” It outlines how courts should treat different kinds of facts and what assumptions can be made based on the evidence presented. Here’s a detailed explanation:
1. May Presume:
- When the law states that the court “may presume” a fact, it means the court has the discretion to either accept the fact as true unless disproved, or to demand proof of it. The court is not obliged to presume the fact and can still ask for evidence to establish it. Essentially, this is a permissive presumption.
2. Shall Presume:
- When the law says that the court “shall presume” a fact, it means the court is required to accept the fact as true unless there is evidence to disprove it. This is a mandatory presumption, and the burden shifts to the party against whom the presumption operates to prove otherwise.
3. Conclusive Proof:
- When a fact is declared by law to be “conclusive proof” of another, it means that the court must accept the existence of the other fact as proven, and no evidence to the contrary will be considered. This creates an irrebuttable presumption, where the fact cannot be disputed or contradicted.
Examples:
- May Presume: The court may presume that a letter properly addressed and mailed was received by the addressee. However, the court may still require evidence of its receipt.
- Shall Presume: If a person is found in possession of stolen goods shortly after the theft, the court shall presume that the person is guilty of theft unless the person can prove otherwise.
- Conclusive Proof: The law may state that a certified copy of a public document is conclusive proof of the contents of the original document, meaning no further evidence is needed, and contrary evidence is not allowed.
Significance:
Section 4 is crucial because it guides how courts should treat various types of evidence and what assumptions they can or must make. It helps in determining the burden of proof and the evidentiary value of certain facts during legal proceedings.
