Court may presume existence of certain facts.

What this section does

The court may presume the existence of any fact likely to have occurred having regard to the common course of natural events, human conduct, and public and private business in relation to the facts of the case. The section provides a non-exhaustive list of illustrations of facts the court may presume, including possession of stolen goods, accomplice unreliability, regularity of official acts, and adverse inference from withheld evidence. Sub-section (2) lists countervailing circumstances the court must consider before applying each illustration.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Courts may draw presumptions of fact from the common course of events and human conduct, subject to the specific circumstances of each case.

When it applies

• A person found in possession of stolen goods shortly after the theft may be presumed to be the thief or a receiver of stolen property unless he accounts for his possession.
• Where a party withholds a document that could be produced, the court may presume the document would be unfavourable to that party.

• EVIDENCE Section 114 — Court may presume existence of certain facts