Evidence Section 114

BSA Section 119— Court may presume existence of certain facts.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the Evidence.

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.