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Presumption

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Muhammad Shehzad
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29 views

Presumption

Uploaded by

Muhammad Shehzad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Presumption
What is Presumption?
Presumption means an act of accepting that something is true until it is proved not true. If
certain facts are established, a judge or jury must assume another fact that the law
recognized as a logical conclusion from the proof that has been introduced. A Rule of law
which permits a court to assume a fact is true until it is proven otherwise.

Examples:
• A child born of a husband and wife living together is presumed to be the natural child of
the husband, unless there is a conclusive proof he is not.
• A person who has disappeared and not heard from for seven years is presumed to be
dead, but the presumption could be rebutted if he/she is found alive.
• An accused person is presumed innocent until proven guilty.

Classification of Presumption:
Presumptions of law are of two kinds;
1) Rebuttable Presumption.
2) Irrebuttable or Conclusive Presumption.

1. Rebuttable Presumption:
Both in Common Law and in Civil Law, a rebuttable presumption is an assumption made by a
court, any fact or issue that is taken to be true unless someone comes forward to contest it
and prove otherwise.
These kinds of presumptions arise when presumptions of law are certain legal rules, defining
the amount of evidence requisite to support a particular allegation, which facts being
proved, may be either explained away or rebutted by evidence to the contrary but are
conclusive in absence of such evidence.

Example:
• A man is presumed innocent until he is proved guilty.
• A child is born in a legal wedlock shall be presumed legitimate and one who questions his
legitimacy must disprove it.

2. Irrebuttable or Conclusive Presumption:


Irrebuttable presumption refers to such type presumption which cannot be overcome or
changed by any additional evidence or argument made by any party or individuals.
Irrebuttable presumption is also called Conclusive Presumption or Absolute Presumption.
Example:
Section 82 of Pakistan Penal Code which states that; “Nothing is an offence, which is done
by a child under seven years of age”. Now the accused is a child below 7 years of age. It will
be conclusively presumed under the Pakistan Penal Code that he had not the mental
capacity to commit the crime. The court will not allow evidence to be led on the point that
in fact he had such capacity.

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