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
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2024
– “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”.