What kind of presumption does section 119 of the Bharatiya Sakshya Adhiniyam, 2023 authorise a court to…
Section 119 permits a factual inference based on the ordinary course of events, conduct and business in the circumstances of the case. Under the Act's definition of 'may…
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What kind of presumption does section 119 of the Bharatiya Sakshya Adhiniyam, 2023 authorise a court to draw from the ordinary course of events, human conduct or business?
Answer and explanation
Correct answer A
Section 119 permits a factual inference based on the ordinary course of events, conduct and business in the circumstances of the case.
Under the Act's definition of 'may presume', the court can require proof or treat the fact as proved unless disproved.
Option feedback
Option A
Section 119 permits a context-dependent factual inference.
Option B
The word 'may' leaves the inference to the court's judgment in the circumstances.
Option C
A fact presumed under 'may presume' can be disproved.
Option D
Regular performance of official acts is an illustrative inference that the court may draw. Section 119 does not make it mandatory.
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