Question

Presumption of law is

• A. Discretionary and rebuttable
• B. Mandatory and rebuttable
• C. Mandatory and irrebuttable
• D. All of the above

Hint:

Remember the hierarchy: Presumptions can be of Fact (May Presume, discretionary) or Law (Shall Presume, mandatory). Presumptions of Law can be further divided into Rebuttable (can be disproven) and Irrebuttable (cannot be disproven, i.e., Conclusive Proof).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to classify a 'presumption of law'. In the law of evidence, presumptions are inferences that a court must draw or may draw when a certain set of facts is established. They are broadly divided into presumptions of fact and presumptions of law.
Step 2: Detailed Explanation:
1. Presumption of Fact (Praesumptio Hominis): These are discretionary and rebuttable. The court \textit{may} presume a fact. They are based on logic and human experience. Option (A) describes a presumption of fact.
2. Presumption of Law (Praesumptio Juris): These are mandatory inferences that the court \textit{must} draw. The law directs the court to presume a fact. These are further divided into:
a. Rebuttable Presumptions of Law: These are mandatory but can be disproved with evidence to the contrary. The court must presume the fact until it is rebutted. Example: Presumption of innocence (Section 101, Evidence Act). This is described in option (B).
b. Irrebuttable Presumptions of Law (Conclusive Proof / Praesumptio Juris et de Jure): These are mandatory and cannot be challenged by any evidence. When one fact is proven, the other is taken as proven conclusively. Example: A final judgment of a competent court (Section 41, Evidence Act). This is described in option (C).
The question asks what a "Presumption of law is". Both (B) and (C) are types of presumptions of law. However, the term "presumption of law" is often used to refer to its strongest form, which is a mandatory and conclusive rule. Irrebuttable presumptions are purely legal rules, distinct from factual inferences. Given the options, "Mandatory and irrebuttable" represents a distinct and powerful category of legal presumption.
Step 3: Final Answer:
Presumptions of law are mandatory instructions from the law to the court. They can be either rebuttable or irrebuttable. Since both B and C describe types of legal presumptions, the question is somewhat ambiguous. However, 'Mandatory and irrebuttable' (Conclusive Proof) represents the most definitive form of a legal presumption. Thus, (C) is often considered the most appropriate answer in such contexts.