Indian Evidence Act, 1872 · Chapter VII: Of the Burden of Proof
Section 114: Court may presume existence of certain facts
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
The court may presume the existence of any fact it thinks likely to have happened, considering the common course of natural events, human conduct and public and private business in relation to the facts of the case.
- For example, it may presume that a person found with stolen goods soon after a theft is the thief or a knowing receiver, unless they can account for it.
- It may presume that an accomplice is not believable unless corroborated in material particulars, and that judicial and official acts were regularly performed.
- It may presume that evidence which could be produced but is withheld would be unfavourable to the person withholding it.
- The court must also consider facts in the particular case that show whether such presumptions should apply.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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. 1. Ins. by the A.O. 1937, Part III of the Government of India Act 1935, came into force on the 1st April, 1937. 2. Ins. by Act 46 of 1983, s. 7 (w.e.f. 25-12-1983). 3. Ins. by Act 43 of 1986, s. 12 (w.e.f. 5-1-1986).
Illustrations The Court may presume ––
(a) that 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) that an accomplice is unworthy of credit, unless he is corroborated in material particulars;
(c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration;
(d) that 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 states of things usually cease to exist, is still in existence;
(e) that judicial and official acts have been regularly performed;
(f) that the common course of business has been followed in particular cases;
(g) that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it;
(h) that if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him;
(i) that when a document creating an obligation is in the hands of the obligor, the obligation has been discharged. But 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: –– as to illustration (a) –– a shop-keeper 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; as to illustration (b) ––A, a person of the highest character, is tried for causing a man’s death by an act of negligence in arranging certain machinery. B, a 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 A and himself; as to illustration (b) –– a crime is committed by several persons. A, B and C, three of the criminals, are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable; as to illustration (c)––A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was a young and ignorant person, completely under A’s influence; 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; as to illustration (e)––a judicial act, the regularity of which is in question, was performed under exceptional circumstances; 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; 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; 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; 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Understanding this section
Section 114 allows the court to presume the existence of any fact it thinks likely to have happened, having regard to the common course of natural events, human conduct, and public and private business. The illustrations are examples, and every presumption under this section is rebuttable and discretionary (may presume).
May presume
Under section 4, may presume means the court can treat the fact as proved unless disproved, or ask for proof of it. The court is never bound to draw a section 114 presumption; it is a matter of judgment in each case.
The most used illustrations
- (a) A person found in possession of stolen goods soon after the theft may be presumed to be the thief or to have received them knowing them stolen, unless he accounts for possession.
- (b) An accomplice is unworthy of credit unless corroborated in material particulars.
- (e) Judicial and official acts have been regularly performed.
- (g) Evidence that could be produced but is withheld would, if produced, be unfavourable to the person withholding it.
Accomplice evidence: section 133 and illustration (b)
Section 133 says a conviction on the uncorroborated testimony of an accomplice is not illegal. Illustration (b) to section 114 says an accomplice is unworthy of credit unless corroborated. The two are reconciled as a rule of prudence: courts do not ordinarily convict on an accomplice's word alone, and look for corroboration that connects the accused with the crime.
Soon after
In illustration (a), the presumption weakens as time passes after the theft. What counts as soon after depends on the nature of the goods and how easily they change hands.
Key Supreme Court rulings
Somasundaram @ Somu v. The State 2020 INSC 412
Explained the relationship between section 133 and illustration (b) to section 114: an accomplice is competent, but as a rule of caution it is unsafe to convict on his testimony alone, and corroboration must connect the accused with the crime.
Reliance Infrastructure Ltd. v. State of Goa 2023 INSC 514
Under illustration (g), the court is entitled to draw an inference that evidence which could be but is not produced would be unfavourable to the person withholding it, though whether to draw it is a matter of appreciation of evidence.
State of Madhya Pradesh v. Jogendra 2022 INSC 30
Contrasted soon before in dowry death cases with soon after in illustration (a) to section 114, both implying a proximity test assessed on the facts.
Common mistakes
- Treating a section 114 presumption as mandatory.
- Convicting on an accomplice's uncorroborated word without explaining why.
- Drawing an adverse inference without showing the evidence was available and withheld.
Read with: Section 4 Evidence Act, Section 133 Evidence Act, Section 119 BSA
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 114
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R. Rajendran v. Kamar Nisha and Others
The High Court directed the appellant to appear before a Hospital for collection of blood samples for DNA profiling. Whether the High Court was justified in directing the appellant to undergo DNA testing.
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Dashwanth v. State of Tamil Nadu
Trial Court found appellant guilty for the charges framed u/ss.302, 201, 363, 366 and 354-B of the IPC and s.8 r/w. s.7 and s.6 r/w. s.5(m) of the POCSO Act. An appeal against the said conviction was dismissed by the…
-
Kailas S/o Bajirao Pawar v. The State of Maharashtra
Issue arose whether the High Court was justified in ordering a re-trial; if not, then what would be the appropriate order that may be passed in this appeal.
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Chowdamma (D) by Lr and Another v. Venkatappa (D) by Lrs and Another
Issue arose whether the respondents succeeded in establishing a valid marital relationship between their mother and the deceased primarily on the basis of the oral testimony of P.W.2; and whether the relationship…
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Sd. Shabuddin v. The State of Telangana
Whether the judgment passed by the High Court places a reverse burden of proof upon the appellant and is thus, legally unsustainable; whether the conviction u/s.411, IPC for dishonestly receiving stolen property can be…
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Deepak Kumar Sahu v. State of Chhattisgarh
The appellant came to be convicted and sentenced for the offences punishable u/ss.450 and 376(2) of the IPC and s.4 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act]. Whether the High Court was…
-
A. Raja v. D. Kumar
Whether the Appellant belongs to the Hindu Parayan caste in the State of Kerala and is covered by the 1950 Order insofar as it relates to the State of Kerala; whether the Appellant had still retained the Hindu Parayan…
-
Visa Coke Limited v. M/s Mesco Kalinga Steel Limited
Issue arose whether the notice served by the appellant-Operational Creditor upon the Key Managerial Personnel-KMP of the respondent-Corporate Debtor at their registered office constitutes valid service of the statutory…
-
Maharana Pratap Singh v. The State of Bihar & Ors.
Whether due process was followed in dismissing the appellant from service and whether his dismissal from service is justified, on facts and in the circumstances; whether, in light of the facts, evidence, witnesses, and…
-
Yerikala Sunkalamma & Anr. v. State of Andhra Pradesh, Department of Revenue & Ors.
Whether the High Court was correct in setting aside the judgment of the trial court whereby the appellants were held to be the lawful owners of the ‘Patta Land’.
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Hiralal Babulal Soni v. The State of Maharashtra & Ors.
Issue arose as regards the sustainability of the conviction of the accused u/s.120B and 411 IPC, when the seized gold bars are not the same gold bars linked to the fraudulent transactions.
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The State of Madhya Pradesh v. Balveer Singh
Does the Evidence Act, 1872 prescribe any particular age as a determinative factor to treat a witness to be a competent witness; Does the Evidence Act treat evidence of a child on the same footing as any other witness;…
-
The Cosmos Co. Operative Bank Ltd. v. Central Bank of India & Ors.
Whether ‘equitable mortgages’ are recognized in India under the nomenclature of ‘charge’ in terms of Section 100 of the Transfer of Property Act, 1882 (TPA); Who holds a valid mortgage over the property—the Appellant…
-
Rakesh Kumar Raghuvanshi v. The State of Madhya Pradesh
Whether the High Court erred in upholding the judgment of the trial court, thereby upholding the appellant guilty of conscious possession of poppy husk.
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Bharat Aambale v. The State of Chhattisgarh
Appellant had been convicted by the Courts below under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985. The issue was whether the conviction could be said to have been vitiated because of…
- Puneet Kumar Anand v. Pishori Lal (Deceased) Thr Lrs
- Mohd Abdul Rehman v. State NCT of Delhi
- Ajay Bhatia v. Jitender
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Urban Improvement Trust v. Smt. Vidhya Devi and Ors.
The present appeals arise from a common judgment passed by the High Court dated 29.10.2009, whereby the High Court allowed the writ appeals and thereby quashed the land acquisition proceedings initiated by the appellant…
- The Pr. Commissioner of Income Tax - 15 v. Shri Harish Bhasin
- The Pr. Commissioner of Income Tax - 15 v. Shri Harish Bhasin
- The Pr. Commissioner of Income Tax -15 v. Shri Harish Bhasin
- The Pr. Commissioner of Income Tax - 15 v. Shri Harish Bhasin
- Garima v. State & Ors
- Ram Shankar Pandey v. M/S Noble Electricals
- Emeka Prince Lath v. State NCT of Delhi
- Reliance Commercial Finance Limited v. Taraashna Financial Services Limited
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Just Rights for Children Alliance & Anr. v. S. Harish & Ors.
What is the scope of Section 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO); what is the underlying distinction between sub-section(s) (1), (2) and (3) respectively of the POCSO; whether, mere…
- Raj Kumar v. Sushil Kumar
-
A.B. Govardhan v. P. Ragothaman
Whether the respondent-defendant by way of the agreement agreed to create equitable mortgage by depositing the title deeds for the loan obtained by him from the appellant-plaintiff; whether there was redemption of the…
-
Prem Prakash v. Union of India Through
When a person is in judicial custody/custody in another case investigated by the same Investigating Agency, whether the statements recorded (in the present case, the statements dated 03.08.2023, 04.08.2023, 11.08.2023)…
- Nitin Kumar v. Jagat Singh
- Amit Jain v. Sanjeev Kumar Singh & Anr
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Kaushik Premkumar Mishra & Anr. v. Kanji Ravaria @ Kanji & Anr.
Whether the sale deed dated 02.12.1985 was executed by Respondent No. 2; whether the sale consideration was paid with respect to sale deed dated 02.12.1985; whether the sale deed dated 02.12.1985 was presented for…
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New Okhla Industrial Development Authority v. Darshan Lal Bohra & Ors.
(i) Whether the respondents-landowners forestalled their right to challenge the acquisition proceeding on the ground of non-compliance of Section 5A, Land Acquisition Act, 1894 because they have not filed objections; or…
-
Gaurav Maini v. The State of Haryana
Courts below, if justified in convicting and sentencing the appellants for the offences punishable u/ss. 364A, 392 and 120B IPC.
- Speedacc Learning Systems Pvt Ltd & Anr v. Satyasai Panigrahy
- M/S Books Cybertech Pvt. Ltd & Anr v. Satyasai Panigrahy
- M/S Books Cybertech Pvt. Ltd. & Anr v. Satyasai Panigrahy
- Ravinder Rathi v. State of NCT of Delhi & Ors
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Anees v. The State Govt. of NCT
Murder of appellant-accused’s wife in their house in which the appellant, deceased and their 5 year old daughter lived. s.106, Evidence Act, 1872 was invoked and the appellant was convicted u/s.302, IPC for the murder.…
- Suresh Kumar Saini v. State of NCT of Delhi & Ors
- Karnail Singh @ Kaka v. State
- Naresh @ Satya v. State
- Soumi Chakraborty v. Rekha & Ors (M/S Bharti Axa General Insuarnce Co )
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Smt. Najmunisha v. The State of Gujarat
As per the prosecution, secret information was received by PW-2 (Intelligence Officer/Inspector) as to Accused No. 4 (husband of Accused No.1) carrying contraband from a particular route in an auto rickshaw. Said secret…
- Arun Kumar Gurjar v. Central Buraeu of Investigation
- Raj Bala & Ors v. State (Nct) of Delhi & Anr
- Capt Dinesh Ahluwalia v. Roop Ahluwalia
- State Govt of NCT of Delhi v. Mohd. Kasim @ Khan Saheb & Anr
- Megh Kumar Jain v. M/S India Overseas Coporation and Ors
- Irshad Ahmad v. Sukhe Singh @ Mahesh Master
- Meera Goyal v. Priti Saraf
- Bhavna v. State & Anr
- Sunil Malhotra & Anr v. The State NCT of Delhi & Anr
- Aman Hospitality Pvt. Ltd v. M/S Orient Lites
- Virendra Jain v. UOI & Ors
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Balvir Singh v. State of Uttarakhand
The High Court affirmed the judgment and order of conviction passed by the Trial Court holding appellant-hus band guilty of the offence of murder punishable u/s.302 of the IPC alongwith the offence punishable u/s. 498A…
- Dilip Maity and Anr v. Sh Shaukat Ali and Anr
- Hansraj Bansal v. State & Anr
- Hansraj Bansal v. State & Anr
- Hansraj Bansal v. State & Anr
- Hansraj Bansl v. State & Anr
- Hansraj Bansal v. State & Anr
- Hansraj Bansal v. State & Anr
- Hansraj Bansal v. State & Anr
- Hansraj Bansal v. State & Anr
- Hansraj Bansal v. State &Anr
- Hansraj Bansal v. State & Anr
- Sanghi Bros (Indore) Pvt. Ltd v. Kamlendra Singh
- Kulwant Singh Hazooria Since Deceased Through Lrs and Anr & Ors v. Harcharan Singh Hazooria
- Selishia Mohandas v. Union of India & Ors
- Mangilal v. The State of Madhya Pradesh
- State of Rajasthan v. Gaj Singh Ji of Jodhpur & Ors
- Ajit Singh & Ors v. State & Ors
- Parmeshwar Prasad (Since Deceased) v. State & Ors
- Abhishek Boinpally v. Directorate of Enforcement
- Sandeep @ Sandy v. State ( Govt of NCT of Delhi)
- A. Srinivasulu v. The State Rep. by the Inspector of
- Jagat Singh v. Union of India & Ors
- U P Roadways Through Its Regional Manager v. Smt Ponnam Gandotra
- Ram Tej v. State
- Sachin Arora v. Manju Arora
- Dakkata Balaram Reddy & Anr. v. State of Andhra
- Surender Kumar Mathur v. State of NCT of Delhi
- Aarif v. State (Nct of Delhi)
- Pawan Hans Helicopters Ltd v. Nidheesh Tours & Travels Pvt. Ltd
- Sirajudheen v. Zeenath & Ors.
- Aparna Ajinkya Firodia v. Ajinkya Arun Firodia
- Sneh Aggarwal v. Punjab National Bank
- Neeraj Dutta v. State (Govt. of N.C.T. of Delhi)
- Shiv Kumar v. The State of Madhya Pradesh
- State Through Deputy Superintendent of Police v. R. Soundirarasu Etc.
- R. M. Sundaram @ Meenakshisundaram v. Sri Kayarohanasamy and Neelayadhakshi Amman Temple (Through Its Executive Officer) Nagapattinam, Tamil Nadu
- Kattukandi Edathil Krishnan & Anr. v. Kattukandi Edathil Valsan & Ors.
- Manoj & Ors v. State of Madhya Pradesh
- The Municipal Committee, Barwala, District Hisar, Haryana Through Its Secretary/President v. Jai Narayan and Company & Anr
- State of Andhra Pradesh (Now State of Telangana) v. A. P. State Wakf Board & Ors.
- Seethakathi Trust Madras v. Krishnaveni
- Small Industries Development Bank of India v. M/S. Sibco Investment Pvt. Ltd.