Section 119 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 119 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 empowers courts to presume the existence of certain facts based on the likelihood of their occurrence, considering the common course of natural events, human conduct, and public and private business.
📜 Text of Section 119
Section 119 – Court may presume existence of certain facts
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:
(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 corroborated in material particulars.
(c) A bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration.
(d) A thing or state of things which has been shown to be in existence within a period shorter than that within which such things or state of things usually cease to exist, is still in existence.
(e) Judicial and official acts have been regularly performed.
(f) The common course of business has been followed in particular cases.
(g) Evidence which could be and is not produced would, if produced, be unfavorable to the person who withholds it.
(h) If a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavorable to him.
(i) When a document creating an obligation is in the hands of the obligor, the obligation has been discharged.
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:
(i) As to Illustration (a): A shopkeeper has in his bill a marked rupee soon after it was stolen, and cannot account for its possession specifically, but is continually receiving rupees in the course of his business.
(ii) As to Illustration (b): A person of the highest character is tried for causing a man's death by an act of negligence in arranging certain machinery. Another 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 both.
(iii) As to Illustration (b): A crime is committed by several persons. Three of the criminals are captured on the spot and kept apart from each other. Each gives an account of the crime implicating a fourth person, and the accounts corroborate each other in such a manner as to render previous concert highly improbable.
(iv) As to Illustration (c): The drawer of a bill of exchange was a man of business. The acceptor was a young and ignorant person, completely under the drawer's influence.
(v) As to Illustration (d): It is proved that a river ran in a certain course five years ago, but it is known that there have been floods since that time which might change its course.
(vi) As to Illustration (e): A judicial act, the regularity of which is in question, was performed under exceptional circumstances.
(vii) 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.
(viii) 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 feelings and reputation of his family.
(ix) 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.
(x) 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.
⚖️ Legal Significance
Presumptions in Law: Section 119 allows courts to make certain presumptions regarding facts that are likely to have occurred, based on the natural course of events, human behavior, and established practices.(law4u.in)
Efficiency in Legal Proceedings: By permitting such presumptions, the law aims to streamline the judicial process, reducing the need for exhaustive proof in every case.
Illustrative Examples: The section provides specific illustrations to guide courts in applying these presumptions, ensuring consistency and fairness in legal proceedings.
🧾 Practical Application
Criminal Cases: In situations where an individual is found in possession of stolen goods shortly after a theft, the court may presume that the individual is either the thief or has received the goods knowing them to be stolen, unless the individual can provide a satisfactory explanation for their possession.(law4u.in)
Witness Credibility: In cases involving accomplices, the court may presume that an accomplice's testimony is unworthy of credit unless it is corroborated in material particulars, safeguarding against unreliable testimonies.(vidhiadda.com)
Business Transactions: When dealing with financial instruments like bills of exchange, the court may presume that such instruments were accepted or endorsed for good consideration, unless evidence suggests otherwise.(law4u.in)
🧭 Summary
Purpose: To allow courts to presume the existence of certain facts, facilitating the judicial process.(kanoongpt.in)
Scope: Applies to a range of scenarios, including possession of stolen goods, witness credibility, and business transactions.(law4u.in)
Illustrations: Provides specific examples to guide the application of these presumptions in various cases.(law4u.in)
Section 119 of the BSA, 2023, plays a crucial role in ensuring that courts can efficiently and fairly adjudicate cases by allowing reasonable presumptions based on the circumstances at hand.
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