Section 4 of IEA : Section 4: May Presume Shall Presumeconclusive Proof

Explanation using Example

Imagine a situation where a person, Raj, is accused of theft and his fingerprints are found at the crime scene. Under the Indian Evidence Act, the court may presume that Raj's presence at the crime scene implies his involvement in the crime. However, Raj presents an alibi with evidence that he was in a different city at the time of the theft. The court is now open to considering this evidence and may require further proof before convicting Raj.

In another case, if a negotiable instrument like a cheque is duly signed and delivered, the court shall presume that there was an intention to create a legal obligation. So, when Priya presents a cheque signed by Amar, the court will presume that Amar intended to pay Priya the amount on the cheque, unless Amar can prove otherwise, such as by showing the cheque was signed under duress.

Lastly, consider a case where a man, Karan, is declared to be the father of a child by a DNA test, which is considered conclusive proof of paternity under certain circumstances. The court will not entertain any further evidence to challenge the result of the DNA test, and Karan's paternity is legally established without the need for additional proof.