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Under section 119 of the Bharatiya Sakshya Adhiniyam, 2023, which of these inferences may the court…

These presumptions are discretionary and depend on the particular facts. Recent possession without an account can support an inference of theft or knowing receipt. The court…

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Under section 119 of the Bharatiya Sakshya Adhiniyam, 2023, which of these inferences may the court draw when justified by the facts?
I. A person found with stolen goods soon after the theft is the thief or knowingly received them, unless the person accounts for possession.
II. Judicial and official acts were regularly performed.
III. Evidence that could be produced but is withheld would be unfavourable to the person withholding it.

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Answer and explanation

Correct answer D

These presumptions are discretionary and depend on the particular facts. Recent possession without an account can support an inference of theft or knowing receipt. The court may also infer regular performance of judicial or official acts, and that withheld evidence would be unfavourable to the person withholding it.

Option feedback

Option A

This leaves out the adverse inference from withholding available evidence in illustration (g).

Option B

This leaves out regular performance of judicial and official acts in illustration (e).

Option C

This leaves out the qualified recent-possession inference in illustration (a).

Option D

Illustrations (a), (e) and (g) respectively recognize the three inferences.

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