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Presumptions under the law of evidence are
Question

Presumptions under the law of evidence are

A.

presumption of facts.

B.

presumptions of law.

C.

Presumptions of facts and rebuttable presumptions of law.

D.

Both presumptions of facts and presumptions of law.

Correct option is D

The correct answer is D. Under the Bharatiya Sakshya Adhiniyam (BSA), 2023 (formerly the Indian Evidence Act, 1872), presumptions can be classified into:

  1. Presumptions of Fact: Based on logic, human conduct, or common experience (e.g., a person found in possession of stolen goods is presumed to be the thief under normal circumstances). These are discretionary and rebuttable.
  2. Presumptions of Law: These are legal presumptions made mandatory by law, which may be either rebuttable (e.g., legitimacy of a child born during a valid marriage under Section 116 of BSA) or irrebuttable (e.g., presumption that a law is valid unless declared otherwise by a court).

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