| Presumption of fact | Presumption of law |
|---|---|
| 1. Presumption of fact is based on logic, law of nature and human Experience | 1. Presumption of law is based on provisions of law |
| 2. Presumption of fact is always rebuttable. It is rebutted by positive fact. | 2. Presumption of law is conclusive unless rebutted as provided under law itself |
| 3. Position of presumption of fact is uncertain. | 3. Presumption of law is certain and uniform. |
| 4. Court Can ignore presumption of fact. | 4. Court Cannot ignore presumption of law. |
| 5. It is derived from law of nature, prevalent custom and human Experience. | 5. It is derived from established judicial norms and have become part of law. |
| 6. Court can exercise discretion while drawing presumption of fact. | 6. It is mandatory. It means court is bound to presume it. |
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