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Which of the following sections of the Indian Evidence Act, 1872 deals with conclusive proof?
Question

Which of the following sections of the Indian Evidence Act, 1872 deals with conclusive proof?

A.

41, 112 and 113

B.

112

C.

113

D.

112 and 113

Correct option is A


Sections 41, 112, and 113 of the Indian Evidence Act, 1872, deal with circumstances in which certain facts are treated as conclusive proof, meaning they cannot be contradicted by any evidence to the contrary.
Explanation:
1. Section 41: This section provides those final judgments in cases relating to public matters, such as marriage, divorce, legitimacy, and adoption, are treated as conclusive proof. This means such judgments are binding and cannot be challenged in subsequent proceedings.
2. Section 112: This section deals with the presumption of legitimacy of a child born during the continuance of a valid marriage. It states that if a child is born during the lawful wedlock of a couple, it is conclusively presumed to be legitimate unless it can be proved that the parents had no access to each other during the time of conception.
3. Section 113: This section refers to conclusive proof regarding the validity of certain marriages in cases where a party has married again in good faith after a court has declared the first spouse to be missing or presumed dead.
Information Booster
Conclusive Proof: Under the Indian Evidence Act, when something is treated as conclusive proof, it means that no evidence can be provided to challenge or contradict the fact. The courts must accept it as irrefutable evidence.
Examples of Conclusive Proof:
1. Final Judgments (Section 41): Final judgments on matters of public concern, such as legitimacy and divorce, are considered conclusive proof of the facts they establish.
2. Legitimacy of a Child (Section 112): A child born during a lawful marriage is conclusively presumed to be legitimate unless proven otherwise by showing the absence of access between the parents.

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