The question (15 marks)
Distinguish may presume, shall presume and conclusive proof, illustrating each from the Bharatiya Sakshya Adhiniyam, 2023. Then explain the doctrine of estoppel and its limits. (15 marks)
Module II, presumptions and estoppel
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Proof and Burden of Proof of Law of Evidence (Bharatiya Sakshya Adhiniyam 2023).
Authorities you will need
- BSA s. 2(1)(b)
- BSA ss. 117 and 118 (IEA ss. 113A and 113B)
- BSA s. 116 (IEA s. 112); s. 35(2) (IEA s. 41)
- BSA s. 119 (IEA s. 114), with sub-section (2)
- BSA ss. 121 to 123 (IEA ss. 115 to 117) and s. 25 (IEA s. 31)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.