LEGAL FICTIONS

Introduction:

Legal fiction is a concept where a court assumes something to be true, even

though it may not be factually accurate, in order to achieve a just outcome or
address legal challenges. It is essentially a tool used to navigate intricate legal
situations where existing rules might not directly apply or provide a
satisfactory solution.

e.g., Attempt – Sec 511

Historical Background of Legal fictions:

The concept of legal fiction has a deep-rooted history, spanning ancient

civilizations to modern legal systems. Its evolution can be traced back to
civilizations like Mesopotamia, Egypt, Greece, and Rome, where legal fictions
were employed to address gaps and ensure practical outcomes. In ancient
Rome, the concept of “fictio legis” allowed courts to create legal relationships and
allocate rights when the law lacked explicit provisions.

e.g., In ancient Rome, where every family needed a male heir, the lack of one
was overcome through the legal fiction of adoption.

In England, when courts handling civil cases were full, the Court of Queen’s (or
King’s) Bench, a criminal court, could take some of the load by pretending that the
defendant in a simple civil suit had been arrested and was in custody.

A legal fiction is a fact assumed or created by courts, which is then used in order
to help reach a decision or to apply a legal rule.

Adoption:

Child adoption is a legal fiction in that the adoptive parents become the legal
parents, notwithstanding the lack of a biological relationship. Once an order or

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judgment of adoption is entered, the biological parents become legal strangers to
the child, legally no longer related nor with any rights related to the child.
Conversely, the adoptive parents are legally considered to be parents of the
adopted child. A new birth certificate reflecting this is issued, which is a legal
fiction.

Legal fiction continued to develop through the works of scholars in the modern
era. Lon L. Fuller, a notable legal scholar in the 1930s, emphasized the role of
legal fictions in achieving justice and maintaining legal coherence. Fuller
advocated for judicious use of legal fictions, highlighting potential risks like
undermining predictability and eroding public trust. He stressed the importance
of balancing the use of legal fictions with the need for clarity and consistency
in legal principles.

e.g., If a child’s age is not determined it is difficult for the court to

determine if he should be treated as an adult or child in certain crimes.
Age for marriage etc.,

Understanding legal fiction involves recognizing its use as a legal presumption

or assumption that may not align with actual facts, employed to overcome
practical or conceptual obstacles and ensure a just outcome. It adapts the law
to societal changes and resolves complex legal issues.

e.g., the legal fiction of “deemed age” might be applied when an

individual, despite being under 18, is deemed mature enough to enter
into a contract.

It is crucial not to confuse legal fiction with legal presumptions.

a) While legal fictions are deliberate assumptions created by the law to

overcome obstacles or gaps,
b) Whereas, legal presumptions arise from evidence in a case and are used
to establish a starting point, shifting the burden of proof.

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Legal fictions are intentional constructs by the courts or legislatures,
while presumptions are based on probabilities and evidence within legal
proceedings. Overall, legal fiction has evolved as a tool to address the
complexities of law and achieve justice in varying legal contexts.

Essential aspects of legal fictions:

1. Identifying the issue: The court recognizes a situation , where applying

existing laws strictly would lead to an unfair or impractical outcome. This could
be due to gaps in the law, outdated provisions, or conflicting interpretations.

2. Creating the fiction: The court invents a fictional assumption about the
situation. This assumption is not presented as a real fact, but rather as a necessary
tool for resolving the case.

3. Applying the fiction: With the created fiction in place, the court can now apply
existing legal principles in a way that aligns with the desired outcome and
promotes justice.

Example:

Identifying the issue: Imagine a case where a person A, enters another person's
property without permission. According to the strict application of the existing
trespass laws, the property owner has the right to take legal action against A.
However, there is a unique circumstance: A entered the property believing there
was an imminent threat to his life due to a misunderstanding.

Creating the fiction: To address the issue, the court may create a legal fiction
acknowledging that in certain cases, an individual may be justified in trespassing
if they reasonably believe their life is in danger. This legal fiction does not change
the fact that A trespassed but introduces a fictional assumption that, under
specific circumstances, trespassing might be excused if done to protect one's life.

Applying the fiction: With the legal fiction in place, the court can now consider
the circumstances surrounding A's trespass. They may evaluate whether A

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reasonably believed his life was in danger and whether his actions were
proportionate to the perceived threat. Applying the legal fiction, the court can then
interpret the existing self-defence laws to justify or mitigate the consequences of
A's trespass.

Examples of legal fictions and their use in case law:

• Corporation as a Person: Men may come and men may go but the co.
shall go on forever.

A corporation, an artificial entity, is treated as a legal “person” separate

from its owners. This allows it to own property, enter contracts, and be sued
in court, simplifying legal processes and promoting fairness.

(Santa Clara County v. Southern Pacific R.R., 1886)

• Lost Grant: To resolve land disputes where original ownership documents

are missing, courts sometimes invent a fictional “lost grant” to legitimize
long-standing possession.

(Van Sicklen v. Jorgensen, 1972)

• Loss of marksheets – University issues a new one (fiction)

• Legal fictions are not lies. They are acknowledged as constructs but serve
useful purposes in achieving justice and legal clarity.
• They are created and used cautiously, only when existing laws prove
inadequate.
• They can be controversial, and their legitimacy may be debated based on
specific circumstances.

Examples of Legal Fiction:

1. Presumption of Innocence:

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 • Legal Fiction: Presuming an accused person is innocent until
proven guilty.

This fiction places the burden of proof on the prosecution to establish guilt
and protects individuals from being treated as guilty before a fair trial.

2. Fiction of Majority Age:

• Legal Fiction: Assuming individuals reach legal adulthood at a

specific age, even though maturity varies among individuals.

Establishing a uniform age for adulthood simplifies legal processes such as

voting, entering contracts, and criminal responsibility.

3. Fiction of Jurisdiction:

• Legal Fiction: Treating a ship or aircraft as part of the territory

under the jurisdiction of the flag it bears.

This allows a country to assert legal control over vessels or aircraft

registered under its flag, regardless of their location on the high seas or in
foreign airspace.

4. Fiction of Persona Designata:

• Legal Fiction: Treating an office or position as a legal entity,

separate from the person holding it.

This allows for the continuity of legal relationships and obligations even
when there is a change in officeholders.

5. Fiction of Marriage Unity:

• Legal Fiction: Considering a married couple as a single legal entity,

particularly in property and financial matters.

Simplifies legal transactions and obligations involving marital property by

treating the couple as a single economic unit.

6. Fiction of Eminent Domain Compensation:

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 • Legal Fiction: Assuming that the compensation offered for property
taken under eminent domain is just and fair.

This fiction allows the government to acquire private property for public use
while providing owners with what is deemed fair compensation, even if
owners may disagree on the fairness of the amount.

7. Fiction of Corporate Citizenship:

• Legal Fiction: Attributing legal citizenship or domicile to a

corporation for jurisdictional purposes.

Facilitates the determination of which legal jurisdiction's laws apply to a

corporation, considering factors such as its principal place of business or
state of incorporation.

Legal fictions are versatile tools used in various legal systems to address
complexities, fill gaps, and achieve practical outcomes in the administration of
justice. They often serve as pragmatic solutions to legal challenges and help
maintain stability within the legal framework.

1. Age of Consent: The legal fiction of age of consent is applied to determine when
a girl is capable of giving consent to sexual activity, which varies from 16 to 18
years depending on the specific law and state.

2. Marital Rape Exception: The legal fiction that a wife is presumed to have
consented to sexual activity with her husband is embedded in the exemption of
marital rape from criminal prosecution under certain circumstances.

3. Seduction of a Woman: In some cases, laws regarding seduction of a woman

are based on the legal fiction that women are easily seduced and therefore need
special protection under the law. - Historically, some jurisdictions had laws related
to seduction, often rooted in patriarchal views and gender stereotypes. However,
many of these laws have been repealed or amended over time as societies recognize
the importance of gender equality and reject discriminatory legal provisions.

4. Dowry Deaths: The legal fiction of “dowry deaths” presumes that if a woman
dies within a certain time frame of marriage and evidence suggests harassment or

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cruelty related to dowry, it is deemed as murder or suicide by the husband or in-
laws.

5. Protection of Women from Domestic Violence Act (PWDVA): PWDVA

incorporates legal fictions to address the broader issue of domestic violence against
women, such as the presumption of shared household and the definition of
domestic violence itself.

6. Age of Marriage: The legal fiction of a minimum age of marriage for women is
established to protect young girls from early marriage, which can have
detrimental effects on their health, education, and overall well-being.

7. Restitution of Conjugal Rights: The legal fiction of conjugal rights presumes

that spouses have a legal obligation to cohabit, and laws allowing for the
restitution of conjugal rights are often applied to women as a means of forcing
them to return to abusive marriages. - many jurisdictions have reformed or
abolished laws related to the restitution of conjugal rights due to concerns about
privacy, individual autonomy, and the potential for abuse, especially in cases of
domestic violence.

8. Criminalization of Triple Talaq: The criminalization of instant triple talaq

in Muslim personal law is based on the legal fiction that it violates women's rights
to equality and dignity, despite the practice being a customary divorce method.

9. Protection of Children from Sexual Offences (POCSO) Act: POCSO

incorporates legal fictions to provide special protections for female children
against sexual offenses, including the presumption of non-consent due to age
and the stringent punishment for perpetrators.

10. Sexual Harassment at Workplace: Laws addressing sexual harassment at

the workplace often rely on legal fictions to define and protect women from
unwelcome advances, creating a safe working environment through legal
mandates and liabilities.

Case Laws:

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1. Corporation as a Person:

• State Trading Corporation of India Ltd. v. Gandhi Sons Private Ltd.

(1985): The Supreme Court upheld the fiction of a corporation as a separate
legal entity, distinct from its shareholders, for resolving contractual
disputes.

2. Relation Back Doctrine:

• Commissioner of Income Tax v. S.N. Khosla (1987): The court used the
relation back doctrine to treat capital gains arising from the sale of shares
as having accrued in an earlier year, allowing the taxpayer to avail tax
benefits.

3. Lost Grant:

• Mohanbhai Jivabhai Patel v. State of Gujarat (1995): To settle a long-

standing land dispute where ownership documents were missing, the court
applied the lost grant fiction, attributing ownership to the party in
possession for a considerable period.

• State of Bihar v. Sri Radha Krishna Singh: In this case, the Supreme
Court of India discussed the concept of legal fiction in the context of
interpreting statutory provisions related to land acquisition. The court
emphasized the importance of giving effect to legal fictions created by the
legislature while also ensuring that such fictions are not extended beyond
their intended purpose.

• Commissioner of Income Tax v. Vadilal Lallubhai: This case dealt

with the legal fiction of “representation” in the Income Tax Act. The court
held that for the purpose of taxation, a Hindu Undivided Family (HUF) is
treated as an individual entity separate from its members, and income
accruing to the HUF is taxable in the hands of the HUF, not its individual
members.

• State of Bombay v. Pandurang Vinayak Chaphalkar: This landmark

case involved the interpretation of the legal fiction of “deemed income”

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under the Bombay Sales Tax Act. The court held that for the purpose of
sales tax, when certain transactions are deemed to have occurred, they must
be treated as actual transactions, even if they did not occur in reality, to
prevent tax evasion and ensure the effectiveness of the tax legislation.