Section 119 of BSA – Section 119: Court may presume existence of

The Bharatiya Sakshya Adhiniyam, 2023

ARRANGEMENT OF SECTIONS

PART IV: PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VII: OF THE BURDEN OF PROOF

Section 119: Court may presume existence of certain facts.

(1) 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.

Illustrations

The Court may presume that -

(a) 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;
(b) an accomplice is unworthy of credit, unless he is corrobora

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Simplified Act

(1) The Court can assume that certain facts are true if they seem likely based on normal events, human behavior, and usual business practices related to the case.

Examples

The Court can assume that -

(a) a person found with stolen goods soon after a theft is either the thief or knew the goods were stolen, unless they can explain how they got them;
(b) a partner in crime is not trustworthy unle

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Explanation using examples

Example 1:

Ravi is caught by the police with a bag full of stolen jewelry just a day after a high-profile burglary in his neighborhood. The court may presume that Ravi is either the thief or has received the stolen goods knowing they were stolen, unless Ravi can provide a credible explanation for his possession of the jewelry.

Example 2:

Amit, a shopkeeper, is found with a marked 500-rupee note that was reported stolen from a nearby store. Amit cannot