Q138 (CISF/2024) Polity & Governance › Governance, Policies & Social Justice

Which one among the following legal propositions is not correct with regard to the Indian Evidence Act, 1872?

When there is a provision that the court may presume a fact, it may either regard such fact as proved unless it is disproved or may call for proof of it

When there is a provision that the court shall presume a fact, it shall regard such fact as proved unless it is disproved

When there is a provision that the court shall presume a fact, it may call for proof

When one fact is declared to be conclusive proof of another, the court shall, on proof of one fact, regard the other as proved and shall not allow evidence to be given for the purpose of disproving it

Explanation

The legal propositions regarding presumptions are defined in Section 4 of the Indian Evidence Act, 1872. According to the Act:

May presume: The court has the discretion to either regard a fact as proved (unless disproved) or call for proof of it. Statement A is correct.
Shall presume: The court is mandatory bound to regard the fact as proved unless and until it is disproved. It does not have the discretion to "call for proof" as an alternative to presuming it. Therefore, Statement C is incorrect.
Conclusive proof: When one fact is declared conclusive proof of another, the court must regard the second fact as proved once the first is proved, and no evidence is allowed to disprove it. Statement D is correct.

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Which one among the following legal propositions is not correct with regard to the Indian Evidence Act, 1872?

Explanation

SIMILAR QUESTIONS

Which one of the following regarding witnesses under the Indian Evidence Act, 1872 is not correct?

Which one of the following pairs is not correctly matched as per the Indian Evidence Act, 1872 ?

Which one of the following pairs of Section and Clause with regard to the Indian Evidence Act, 1872 is not correctly matched ?

Which one of the following statements with respect to confession under the Indian Evidence Act, 1872 is correct?

Under the Indian Evidence Act, 1872, a witness summoned by a Court of Law to produce a document which is in his possession has to do which one of the following ?