Question

Which of the following does not fall under the framework of presumption under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023?

• A. Unassailable proof
• B. Shall presume
• C. Conclusive proof
• D. May be

Hint:

The three pillars of presumption in the BSA are "May," "Shall," and "Conclusive." If you see "Unassailable," it's an intruder—not a defined category in the law!

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Bharatiya Sakshya Adhiniyam (BSA), 2023, defines how courts evaluate the existence of facts through the lens of "presumptions." These are categorized as "May presume," "Shall presume," and "Conclusive proof."

Step 2: Detailed Explanation:
- Section 2 of the BSA, 2023, defines the definitions used in the Act.
- "May presume": Gives the court discretion to presume a fact or call for further proof.
- "Shall presume": Compels the court to regard a fact as proved unless and until it is disproved.
- "Conclusive proof": Provides that when one fact is declared to be conclusive proof of another, the court shall not allow evidence to be given for the purpose of disproving it.
- "Unassailable proof" is not a legal term or a category of presumption defined under the BSA, 2023.

Step 3: Final Answer:
"Unassailable proof" does not fall under the framework of presumption in the Act. Option (A) is correct.

Answer 2

The question asks which of the listed terms does not fall within the framework of presumption under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023. Checking each term against the Act's actual categories resolves this.

1. Unassailable proof: This phrase does not appear as a defined category of presumption anywhere in the Act. It sounds plausible as a stronger cousin of "conclusive proof," but no such term is used in the statute's scheme of presumptions, which makes it the outlier among the options.
2. Shall presume: This is one of the Act's actual defined categories, requiring a court to regard a fact as proved unless and until it is disproved. It is a genuine part of the statutory framework of presumptions.
3. Conclusive proof: This is also a defined category, under which one fact being declared conclusive proof of another means the court will not permit evidence to be led to disprove the second fact. This too is a genuine part of the framework.
4. May be (presumed): This corresponds to the discretionary "may presume" category, under which the court has the option either to regard a fact as proved or to call for further proof before doing so. It is likewise a genuine, defined part of the presumption scheme.

Three of the four options name real, defined categories of presumption under Section 2; only "unassailable proof" is not a term the Act actually uses.

Therefore, the correct answer is Unassailable proof.