Delhi Judicial Services Pre Exam 2007

X is found in possession of some currency notes recently stolen from a bank. Is it correct to presume

Verified Answer
A. That X has received the currency knowing it to be stolen
B. That X has stolen the money
C. Both (A) and (B)
D. None of the above

Explanation:

Section 114 of the Indian Evidence Act, 1872, illustration (a) states that the court may presume that 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. Therefore, both presumptions (A) and (B) are possible.