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a. The presumption under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 can be rebutted by DNA…

Following Nandlal Wasudeo Badwaik v. Lata, decided on the presumption of legitimacy now contained in section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section…

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a. The presumption under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 can be rebutted by DNA Test.
b. Falsus in uno, falsus in omnibus is a rule of law.

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Answer and explanation

Correct answer A

Following Nandlal Wasudeo Badwaik v. Lata, decided on the presumption of legitimacy now contained in section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 112 of the Indian Evidence Act, 1872), the presumption can be rebutted by DNA test evidence, making the first statement correct; but Indian courts have held that 'falsus in uno, falsus in omnibus' is not a rule of law in India, making the second statement incorrect.

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