Burden Of Proof Analysis

that the document was stolen by obligor and he was not in its lawful custody. This presumption can only extend to the discharge of an obligation but not as to the date of such discharge. Further, no presumption can be drawn where the original promissory note is renewed by a subsequent note.

Presumption as to the Age of the Person;

In case of age of a person the medical certificate is only approximate and not accurate. They cannot fix-up the exact date of birth. The features of body of individuals vary depending on many factors like social conditioning, genetics, nourishment, etc. Statutory authorities maintain a Birth and Death register by following the rules made under that Act and hence, raises a presumption in the favour of the certificate

It refers to the question that out of the two parties who shall prove a fact. Every party has to prove such facts which go in its favour and against the opponent. In many legal systems including the English Legal System, the rule of burden of proof is treated same as rebuttable presumption as there is an inherent presumption of guilt. In a civil case, it is the petitioner who has the burden of proof, as it is presumed by the court that there is no case standing against the defendant. Similarly, due to the fundamental principle of criminal law every accused is innocent until proven guilty, the burden is proof is on the prosecution and every failure of prosecution is a presumption of innocence of the accused. The rules of burden of proof are statements of rule of law.

4.2 Evidentiary Value of Presumptions

The question of proof is distinct from question of presumption. As under presumption court only infers such things as are present on the date of making such inference. But in case of proof, court has to draw an opinion as to state of things as on the date when certain relationship which is in dispute between the parties came into existence. Suspicion however strong cannot take place of proof.

4.3 Are Presumptions Legal

“Fictions of law” are closely allied to irrebuttable presumptions of law. A fiction of law arises where the law, for the advancement of justice, assumes as fact, and will not allow to be disproved, something which is false, but is not impossible. The only difference between the two is that the latter are arbitrary inferences which may or may not be true; while, in case of fictions, the falsehood of the fact assumed is understood and avowed.

4.4 Effect of Presumption

Courts have stated that presumptions as are illustrated under Section 114 are presumptions of superior kind and may shift burden of proof on other party. Hence, second appeal may lie due to the failure of the court to presume such facts.

4.5 Presumption under other