Discussion
Which of the following does not fall under the framework of presumption under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 ?
Answer: C
The one that does not belong is Unassailable proof.
Section 2 of the Bharatiya Sakshya Adhiniyam, 2023, like Section 4 of the Indian Evidence Act, defines three grades of presumption: may presume (the court may treat a fact as proved unless disproved, or call for proof), shall presume (the court must treat the fact as proved unless and until it is disproved), and conclusive proof (the court must treat the fact as proved and will not allow evidence to disprove it).
'May be' in the options is the paper's shortened form of 'may presume'. 'Unassailable proof' is not a term the Adhiniyam uses.
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