Important terminologies under Indian Evidence Act, 1872

A cricket umpire says a batter is out, and the batter walks. Nobody argues, because the umpire’s word settles it. Now imagine the umpire said, I think he is probably out, unless someone shows me otherwise. That is a very different rule. Courts need the same kind of precision about words like proved, disproved, presume and conclusive. Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 fixes those meanings, and mixing them up is one of the commonest ways to lose marks.

In two minutes

Section 2(1) of the Bharatiya Sakshya Adhiniyam, 2023 defines twelve terms, from Court to shall presume, and the difference between may presume, shall presume and conclusive proof decides how much a Court can be made to accept.

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