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Which of the following is not provided for under the Bharatiya Sakshya Adhiniyam?
Question

Which of the following is not provided for under the Bharatiya Sakshya Adhiniyam?

A.

Presumption of fact

B.

Presumption of law

C.

Irrebuttable presumption

D.

Presumption of guilt

Correct option is D

The Bharatiya Sakshya Adhiniyam (BSA), 2023 (formerly the Indian Evidence Act, 1872) provides for the following types of presumptions:

  1. Presumption of Fact: These are discretionary and based on common sense or experience, e.g., possession of stolen property under certain circumstances indicates theft.
  2. Presumption of Law: These may be either rebuttable or irrebuttable and are provided by specific provisions, e.g., presumption of marriage under certain conditions.
  3. Irrebuttable Presumption: These are conclusive presumptions, where no evidence can be given to disprove the presumption, e.g., legitimacy of a child born during a valid marriage (Section 116 of BSA).

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