Which of the following is NOT a legally recognized type of presumption under the Bharatiya Sakshya Adhiniyam (BSA)?
Show answer & explanation
Correct answer: D
Explanation
Answer — (4) Probable Presumption.
Explanation —
Under the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which replaces the erstwhile Indian Evidence Act, 1872), specific terminology is employed regarding the drawing of inferences of facts by the court. Section 2 (or the old Section 4) of the Act primarily recognizes three types of legal presumptions: 'May Presume', 'Shall Presume', and 'Conclusive Proof'.
'Probable Presumption' may be a general logical term, but it does not constitute a legal category under Indian evidence law. Under 'May Presume', the court exercises discretion to either regard a fact as proved or not; whereas under 'Shall Presume', the court is bound to regard it as proved unless it is rebutted. Under 'Conclusive Proof', no rebuttal is permitted.
Additional Points —
May Presume: This is discretionary (e.g., the presumption regarding a person caught in possession of stolen goods).
Shall Presume: This is mandatory unless the contrary is proved.
Conclusive Proof: Upon the proof of one fact, the court regards another as proved and does not permit the adducing of evidence to the contrary.
Potential Exam Questions and Answers —
Question: Which new law has replaced the Indian Evidence Act, 1872?
Answer: Bharatiya Sakshya Adhiniyam (BSA), 2023.
Question: Have 'Digital Records' been accorded the status of primary evidence under the BSA?
Answer: Yes; under the new Act, digital and electronic records are treated as primary evidence, on par with paper documents.