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

Explanation using Example

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 specifically account for the marked note but explains that he receives numerous 500-rupee notes daily in his business. The court may consider this explanation while deciding whether to presume Amit's involvement in the theft.

Example 3:

During a trial for a bank robbery, one of the accomplices, Raj, testifies against the main accused, Suresh. Raj's testimony alone is not enough to convict Suresh unless it is corroborated by other material evidence, as the court may presume that an accomplice's testimony is unworthy of credit unless supported by additional proof.

Example 4:

Priya, a businesswoman, presents a bill of exchange that was accepted by her business partner, Ramesh. The court may presume that the bill was accepted for good consideration unless there is evidence to the contrary.

Example 5:

A river's course is being disputed in a property case. It is shown that the river ran in a certain direction five years ago, but there have been significant floods since then. The court may consider the possibility that the floods could have altered the river's course.

Example 6:

A judicial act performed by a judge is questioned for its regularity. However, it is shown that the act was performed under exceptional circumstances, such as during a natural disaster. The court may presume that the judicial act was regularly performed unless there is strong evidence to suggest otherwise.

Example 7:

A letter is claimed to have been received by a party in a contract dispute. It is shown that the letter was posted, but there were postal service interruptions due to civil disturbances. The court may consider these interruptions while deciding whether to presume that the letter was received.

Example 8:

In a contract dispute, one party refuses to produce a document that could impact the case. The court may presume that the document, if produced, would be unfavorable to the person withholding it, especially if the document is of small importance to the contract but could harm the person's reputation.

Example 9:

During a trial, a witness refuses to answer a question that he is not legally compelled to answer. The court may presume that the answer, if given, would be unfavorable to the witness, particularly if the answer could cause him financial loss in unrelated matters.

Example 10:

A bond is found in the possession of the obligor, who claims that the obligation has been discharged. However, the circumstances suggest that the obligor may have stolen the bond. The court may consider these circumstances while deciding whether to presume that the obligation has been discharged.