Question:medium

Which of the following does not fall under the framework of presumption under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023?

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Memorize the three technical expressions used in evidence law: May Presume, Shall Presume, and Conclusive Proof. Any alternative wording is usually a distractor in objective examinations.
Updated On: Jun 8, 2026
  • Conclusive proof
  • Unassailable proof
  • May be
  • Shall presume
Show Solution

The Correct Option is B

Solution and Explanation

Step 1: Read the question.
We must find which term does not belong to the framework of presumptions under the Bharatiya Sakshya Adhiniyam, 2023. The choices are conclusive proof, unassailable proof, may presume, and shall presume.

Step 2: Understand presumptions.
A presumption is a rule telling the court how to treat a fact unless it is disproved. The Act sorts presumptions into fixed legal categories that judges must follow.

Step 3: List the recognised categories.
The Act recognises May Presume, where the court has discretion to presume or to ask for proof. It recognises Shall Presume, where the court must presume unless the fact is disproved. And it recognises Conclusive Proof, where the fact is treated as finally settled and cannot be challenged by contrary evidence.

Step 4: Test each option.
Conclusive proof is a recognised term. Shall presume is recognised. May presume is recognised.

Step 5: Spot the odd term.
Unassailable proof is not a term used anywhere in the Act's framework of presumptions. It simply does not appear as a statutory category.

Step 6: Conclude.
So the term that does not fall under the framework is unassailable proof.
\[ \boxed{\text{Unassailable proof}} \]
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