560 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
“The question remains whether the Provisions of the Act are exhaustive and whether we can invoke the aid of the principles of Jurisprudence or of English Law as supplementing and explaining the rules of Evidence given in the Act.” 12 All. 1. English rules of Evidence apply.
The rule is not an absolute rule. The section provides that a fact which is admitted may be required by the Judge to be proved by evidence by the party on whom the Burden of Proof lies.
This is a safeguard intended to protect simple and ignorant persons against mistakes.
It is probably under this proviso that admissions in Criminal trials are not permitted.
§ Facts the Existence of which is presumed by Law.
- Definition of presumption.
A presumption is a conclusion or inference drawn from a certain fact.
- Principle underlying the rule of Presumption :
(1) The universe is no doubt composed of diverse elements and the motives that operate upon people are different.
Notwithstanding this there is a certain amount of regularity and uniformity.
(2) With respect to things the order and changes of the seasons, the rising, setting and the course of heavenly bodies, and the known properties of matter-magnetismspecific-gravity show a certain regularity and uniformity of movement and occurrence.
(3) With respect to persons the natural qualities, powers and faculties which are incident to the human race in general are more or less uniform.
(4) With respect to Conduct of men more or less the uniformity.
They are actuated by the same uniformity.
Given this uniformity it is possible to say that given one thing another can be said to follow.
It is on this principle Section 114 is based.
It empowers the Court to presume the existence of a fact if that fact is a likely result of a particular fact.