Which of the following sections of the Bharatiya Sakshya Adhiniyam, 2023 is based upon the well known…
Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 110 of the Indian Evidence Act, 1872) puts the burden of disproving ownership on the person who denies…
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Which of the following sections of the Bharatiya Sakshya Adhiniyam, 2023 is based upon the well known principle that 'possession is prima facie proof of ownership'?
Answer and explanation
Correct answer A
Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 110 of the Indian Evidence Act, 1872) puts the burden of disproving ownership on the person who denies ownership of a person shown to possess the thing. Possession thus supplies prima facie support for ownership, not an irrebuttable title. Section 116 concerns legitimacy, section 119 discretionary factual presumptions and section 121 estoppel.
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