Irrebuttable presumptions of law are indicated by the Bharatiya Sakshya Adhiniyam, 2023 by the…

When the Adhiniyam declares one fact conclusive proof of another, section 2(1)(b) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 4 of the Indian Evidence Act, 1872) requires the court, on proof of the first, to regard the second as proved and forbids evidence offered to disprove that statutory conclusion. May presume (section 2(1)(h)) is discretionary and shall presume (section 2(1)(l)) is mandatory but rebuttable unless the relevant law provides otherwise. Thus conclusive proof identifies the irrebuttable category.