Evidence Act · 2014 Revised Edition · Chapter VII
114. Court may presume existence of certain fact
Official textFrom Attorney General's Chambers, unchanged
The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct, and public and private business, in their relation to the facts of the particular case.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
Illustrations
The court may presume that —
a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;
any accomplice is unworthy of credit unless he is corroborated in material particulars;
a bill of exchange accepted or endorsed was accepted or endorsed for good consideration;
a thing or state of things which has been shown to be in existence within a period shorter than that within which such things usually cease to exist is still in existence;
judicial and official acts have been regularly performed;
the common course of business has been followed in particular cases;
Evidence
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
evidence which could be and is not produced would if produced be unfavourable to the person who withholds it;
if a man refuses to answer a question which he is not compelled to answer by law, the answer if given would be unfavourable to him;
when a document creating an obligation is in the hands of the obligor the obligation has been discharged.
document
“document” means any matter expressed, described or howsoever represented upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of — (a) letters, figures, marks, symbols, signals or other forms of expression, description or representation whatsoever; (b) any visual recording (whether of still or moving images); (c) any sound recording or any electronic, magnetic, mechanical or other recording, whatsoever and however made, or any sound, electronic impulse or other data whatsoever; (d) a recording or transmission of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraph (a), (b), (c) or (d), intended to be used or which may be used for the purpose of expressing, describing or howsoever representing that matter; Illustrations A writing is a document. Words printed, lithographed or photographed are documents. A map, plan, graph or sketch is a document. An inscription on wood, metal, stone or any other substance, material or thing is a document. A photograph or a negative is a document. A tape recording of a telephonic communication, including a recording of such communication transmitted over distance is a document. A photographic or other visual recording, including a recording of photographic or other visual transmission over a distance is a document. A matter recorded, stored, processed, retrieved or produced by a computer is a document.
But the court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it —
as to illustration (a) — a shop-keeper has in his till a marked dollar, soon after it was stolen and cannot account for its possession specifically but is continually receiving dollars in the course of his business;
as to illustration (b) — A, a person of the highest character is tried for causing a man’s death by an act of negligence in arranging certain machinery. B, a person of equally good character, who also took part in the arrangement, describes precisely what was done and admits and explains the common carelessness of A and himself;
as to illustration (b) — a crime is committed by several persons. A, B and C, three of the criminals, are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable;
as to illustration (c) — A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was a young and ignorant person completely under A’s influence;
as to illustration (d) — it is proved that a river ran in a certain course 5 years ago, but it is known that there have been floods since that time which might change its course;
as to illustration (e) — a judicial act, the regularity of which is in question, was performed under exceptional circumstances;
as to illustration (f) — the question is whether a letter was received. It is shown to have been posted, but the usual course of the post was interrupted by disturbances;
as to illustration (g) — a man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feeling and reputation of his family;
as to illustration (h) — a man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked;
as to illustration (i) — a bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it.
Evidence 82
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
document
Defined · s 3“document” means any matter expressed, described or howsoever represented upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of — (a) letters, figures, marks, symbols, signals or other forms of expression, description or representation whatsoever; (b) any visual recording (whether of still or moving images); (c) any sound recording or any electronic, magnetic, mechanical or other recording, whatsoever and however made, or any sound, electronic impulse or other data whatsoever; (d) a recording or transmission of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraph (a), (b), (c) or (d), intended to be used or which may be used for the purpose of expressing, describing or howsoever representing that matter; Illustrations A writing is a document. Words printed, lithographed or photographed are documents. A map, plan, graph or sketch is a document. An inscription on wood, metal, stone or any other substance, material or thing is a document. A photograph or a negative is a document. A tape recording of a telephonic communication, including a recording of such communication transmitted over distance is a document. A photographic or other visual recording, including a recording of photographic or other visual transmission over a distance is a document. A matter recorded, stored, processed, retrieved or produced by a computer is a document.
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;