Discretionary factual presumptions allow inferences from ordinary conduct, subject to case-specific circumstances and rebutting explanations. Section 114 of the Indian Evidence Act, 1872 confers discretionary power to presume facts likely to have occurred from the ordinary course of natural ... Summary
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Discretionary factual presumptions allow inferences from ordinary conduct, subject to case-specific circumstances and rebutting explanations.
Section 114 of the Indian Evidence Act, 1872 confers discretionary power to presume facts likely to have occurred from the ordinary course of natural events, human conduct, and business. Permissive inferences may arise from recent possession of stolen goods, uncorroborated accomplice evidence, consideration for negotiable instruments, continued existence, regular official acts, ordinary business practice, withheld evidence, voluntary refusal to answer, and possession of an obligation instrument by the obligor. Each inference remains subject to countervailing circumstances.
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