Section 167 Evidence Act 2011
Section 167 Evidence Act 2011 is titled ‘Court may presume existence of certain facts‘. It is under Part X (PRESUMPTIONS AND ESTOPPEL) of the Act. It states as follows:
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 relationship to the facts of the particular case, and in particular the court may presume that –
(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) 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;
(c) the common course of business has been followed in particular cases;
(d) evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it;
(e) when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.