Question

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

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

Hint:

Memorize the three technical expressions used in evidence law: May Presume, Shall Presume, and Conclusive Proof. Any alternative wording is usually a distractor in objective examinations.

Answer 1

The Correct Option is B

Concept: The Bharatiya Sakshya Adhiniyam, 2023 classifies presumptions into specific legal categories. These presumptions guide courts in determining how certain facts are to be treated unless disproved.

Step 1: Examine the statutory classifications. The Act recognizes the following categories:

• May Presume – The court has discretion either to presume the fact or require proof.

• Shall Presume – The court must presume the fact unless it is disproved.

• Conclusive Proof – The fact is treated as finally established and cannot be rebutted by contrary evidence.

Step 2: Evaluate the options.

• ``Conclusive Proof'' is expressly recognized.

• ``Shall Presume'' is expressly recognized.

• ``May Presume'' is expressly recognized.

• ``Unassailable Proof'' is not a statutory expression used anywhere in the framework of presumptions.

The legal terminology is "May Presume", "Shall Presume", and "Conclusive Proof" — not "Unassailable Proof".

Answer 2

Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 sets out the interpretation clause under which every fact treated as a presumption in the Act falls into one of three fixed categories. The best way to answer this question is to check each option against those three categories one at a time.

1. Conclusive proof: This is one of the three recognised categories. When a provision declares a fact to be conclusive proof of another fact, the court is bound to treat that other fact as proved and no evidence is allowed to contradict it. Since this term appears expressly in the framework, it is not the answer being sought.
2. Unassailable proof: This phrase does not appear anywhere in Section 2 or elsewhere in the Act's scheme of presumptions. The statute does not use the word unassailable to describe any degree of proof, so this expression sits entirely outside the three-tier framework the Act actually creates.
3. May be (may presume): This corresponds to the may presume category, under which the court is given the discretion either to regard a fact as proved or to call for further evidence before doing so. Because this discretionary category is expressly built into the framework, it does not qualify as the odd one out.
4. Shall presume: This is the second mandatory category, under which the court must presume a fact as proved unless and until it is disproved by the opposing party. This too is expressly part of the statutory scheme.

Three of the four options, conclusive proof, may presume and shall presume, are the actual statutory categories of presumption. Only the phrase describing an unassailable standard has no basis in the text of the Act.

Therefore, the correct answer is Unassailable proof.