Unjust Presumption Under Section 112, Indian Evidence Act, 1872

Anurag Yadav, Vivekananda Institute of Professional Studies, GGSIPU, Delhi

ABSTRACT

Laws are supposed to be dynamic and not stagnant; they should evolve along with the evolving organism that a society is. Through the course of this paper, the author aims at presenting the absurdness of one such provision of the Indian Evidence Act, viz Section 112. This paper will show how not only the respective section is narrow and restrictive but also in violation of the fundamental rights of the person who is alleged as well as defies the ways of Natural Justice under such case. The provision has been used as a loophole for quite a while now and needs to be amended.

This paper attempts at unveiling the faults in the provision by specifically touching the judgment of Gautam Kundu v. State of West Bengal. Also, several other cases will be referred to understand the diversly noted rationales of judges of various courts.

Keywords: Section 112, IEA, Indian Evidence Act, Fundamental Rights, Natural Justice.