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Under section 2(1)(j) of the Bharatiya Sakshya Adhiniyam, 2023, after considering the material before it, when does the court treat a fact as proved?

Question and options

Under section 2(1)(j) of the Bharatiya Sakshya Adhiniyam, 2023, after considering the material before it, when does the court treat a fact as proved?

  1. When a witness gives a precise account, regardless of the probability of the fact

  2. When the court believes the fact exists or its probability warrants a prudent person acting on it

  3. When the law assigns a fixed evidentiary weight to the category of fact

  4. When the material demonstrates the fact to the standard of mathematical certainty

Answer and explanation

Correct answer: B - When the court believes the fact exists or its probability warrants a prudent person acting on it

A fact is proved if the court, after considering the material before it, believes the fact exists or considers its existence so probable that a prudent person ought to act on that supposition in the circumstances.

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