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Definitions and Interpretation Questions and Answers

1.

The Bharatiya Sakshya Adhiniyam, 2023 is not applicable in which case ?

Exam Year(s)

AIBE - 2026,

Answer: A

The Adhiniyam does not apply to an Arbitral Tribunal.

Section 1(2) of the Bharatiya Sakshya Adhiniyam, 2023, like Section 1 of the Indian Evidence Act before it, applies the Act to judicial proceedings in or before any Court, but expressly not to affidavits or to proceedings before an arbitrator. Section 19 of the Arbitration and Conciliation Act, 1996 confirms that an arbitral tribunal is not bound by the evidence law.

The National Company Law Tribunal, the National Green Tribunal and the Income Tax Appellate Tribunal are governed by their own statutes and are often relieved of strict evidence rules, but the Adhiniyam names only the arbitrator, which is why that is the keyed answer.

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2.

Which of the following does not fall under the framework of presumption under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 ?

Exam Year(s)

AIBE - 2026,

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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