The question (15 marks)
What is a public document under the Bharatiya Sakshya Adhiniyam, 2023, and how is it proved? Explain the presumptions the Adhiniyam attaches to documents, distinguishing the mandatory from the discretionary. (15 marks)
Module II, public and private documents and presumptions
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. 74 (IEA ss. 74 and 75)
- BSA ss. 75 to 77 (IEA ss. 76 to 78)
- BSA ss. 78 to 87 and 91, mandatory presumptions
- BSA ss. 88 to 90, 92 and 93, discretionary presumptions
- BSA s. 2(1)(g) and (l); s. 86(2)(b)
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.