Supreme Court has classified three types of presumption, i.e, Permissive presumptions or presumptions of facts, Compelling presumptions or presumptions of law-Rebuttable presumptions and Irrebuttable presumptions of law or conclusive presumptions.
The existing legal system has three types of presumptions which are as follows:-
(1) Permissive presumptions or Presumption of Facts-Presumptions of facts are those inferences that are naturally and reasonably concluded on the basis of observations and circumstances in the course of basic human conduct. These are also known as material or natural presumptions. Natural Presumptions are generally rebuttable in nature.
(2) Compelling presumptions or Presumption of Law-Presumptions of law are such inferences and beliefs which are established or assumed by the law itself. It can further be divided into rebuttable presumptions of law and irrebuttable presumptions of law Rebuttable Presumptions (praesumptio iuris tantum)-Rebuttable Presumptions are certain presumption which is regarded as evidence of good quality and does not lose their quality until proven contrary to the presumption. Although it does not easily measure the extent of such presumption as their validity only exists until they are not proven wrong. Birth during the marriage is the conclusive proof of legitimacy covered under Section 112 of the Indian Evidence Act.
Irrebuttable Presumption (praesumptio turis et de iure)-Such presumptions cannot be ruled out by any additional probative evidence or argument. Therefore, the presumption explained comes under the roof of conclusive presumption which cannot be proven contrary, for example, a child under the age of seven years is presumed that he is not capable of committing any crime.
(3) Mixed Presumptions (Presumption of Fact and law both)- Mixed presumptions is a blend of different concepts. When the Court in its inferences uses such blend consists of different classification of presumption, te, Presumption of Facts and Presumption of Law then the presumption is considered to be a Mixed Presumption The principles of such presumptions are only reflected in the English cases włuch specifically deals with statute of real property But in the Indian legal system, the principles of presumptions are expressed specifically and the Indian Evidence Act deals with such principles. The Indian Evidence Act has mentioned few provisions both for the presumption of law and for presumptions of facts. The scope of this statute just does not end here rather it also has different provisions which deal with the discretionary power of Indian Court in raising presumption such as- Principles of May Presume, Shall Presume and Conclusive Proof.
