Section 4 of the Indian Evidence Act, 1872, defines "may presume", "shall presume", and "conclusive proof". - "May presume": The court may either regard the fact as proved (unless disproved) or may call for proof. (Matches statement A). - "Shall presume": The court shall regard the fact as proved unless and until it is disproved. (Matches statement B). - "Conclusive proof": The court shall regard one fact as proved on proof of another and shall not allow evidence to be given for the purpose of disproving it. (Matches statement D). Statement C says, "When there is a provision that the court shall presume a fact, it may call for proof". This is incorrect because "shall presume" mandates the court to accept the fact as proved until disproved; the option to "call for proof" is associated with "may presume".
Which one among the following legal propositions is *not* correct with regard to the Indian Evidence Act, 1872?
Asked in UPSC CISF AC EXE 2024 · Topic: Act passed under the British Crown (Indian Councils Act 1909)
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Answer: C. When there is a provision that the court shall presume a fact, it may call for proof
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