Section 4 IEA: “May presume”
Indian Evidence Act, 1872
Section 4 IEA at a Glance
Section 4 IEA defines the term “May presume”. From 1 July 2024 it is replaced by Section 2 BSA.
Section 4 IEA Bare Act Text
4. “May presume”
Whenever it is provided by this Act that the 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.
Source: Section 4, Indian Evidence Act, 1872
Section 4 IEA in Simple Words
Section 4 of the Indian Evidence Act, 1872 explains how a Court must act when the Act uses the expressions may presume, shall presume, and conclusive proof. These rules tell the Court and the parties when a fact can or must be accepted as proved, and when opposing evidence can disprove it.
Where the Act provides that a Court may presume a fact, the Court has a choice. The Court can either treat that fact as proved until someone disproves it, or call for proof of it. Where the Act directs that a Court shall presume a fact, the Court must treat that fact as proved until opposing evidence disproves it.
Where the Act declares that one fact is conclusive proof of another fact, proving that one fact settles the matter. Once that one fact is proved, the Court must treat the other fact as proved and cannot allow any party to give evidence to disprove it.
When Section 4 IEA Applies
- Applies when the Act allows a Court to apply may presume to a fact, letting the Court either accept that fact as proved until disproved or ask for proof.
- Applies when the Act directs a Court to apply shall presume to a fact, requiring the Court to accept that fact as proved until disproved.
- Applies when the Act declares that one fact is conclusive proof of another fact and the party proves that one fact in Court.
Example of Section 4 IEA
When Section 4 IEA Does Not Apply
- Does not keep a fact proved under may presume or shall presume once opposing evidence disproves that fact.
- Does not allow any evidence to be given to disprove a fact once another fact declared by the Act to be its conclusive proof is proved.
Section 4 IEA in the BSA
Section 4 IEA is now covered under Section 2 BSA.
Section 4 of the Indian Evidence Act, 1872 became Section 2(1)(b), (h) and (l) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "May presume", "shall presume" and "conclusive proof" keep their meaning and now sit with the other definitions in Section 2(1). IEA Section 4 no longer stands alone.
View detailed comparison (IEA 4 vs BSA 2) →FAQs on Section 4 IEA
What is Section 4 IEA?▼
Section 4 of the Indian Evidence Act, 1872 defines the expressions may presume, shall presume, and conclusive proof. It tells the Court whether a fact can or must be treated as proved, whether the Court may call for proof, and whether opposing evidence is allowed to disprove the fact.
Must the Court treat a fact as proved when Section 4 IEA applies may presume?▼
No. Under Section 4 IEA, when the Act says that the Court may presume a fact, the Court has a choice. The Court can either treat the fact as proved until it is disproved, or call for proof of that fact.
Can a party give evidence to disprove a fact covered by shall presume under Section 4 IEA?▼
Yes. Under Section 4 IEA, the Court must treat a fact under shall presume as proved only unless and until that fact is disproved.
Can a party give evidence to disprove a fact when conclusive proof applies under Section 4 IEA?▼
No. Once the one fact declared by the Act to be conclusive proof is proved, Section 4 IEA requires the Court to treat the other fact as proved and bars any evidence for disproving it.
What is Section 4 IEA in BSA?▼
Section 2(1)(b), Section 2(1)(h), and Section 2(1)(l) BSA replaced Section 4 IEA on 1 July 2024. The definitions of conclusive proof, may presume, and shall presume keep their meaning and sit alongside the other definitions in Section 2(1) BSA instead of standing in a separate section.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·