Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Part I > Conclusive Proof under the BSA, 2023
The Bharatiya Sakshya Adhiniyam, 2023, serves as the cornerstone of evidentiary law in India. One of its most significant and unique aspects is the concept of conclusive proof, which operates as a rule of evidence with profound implications for judicial proceedings. Every fact, on the basis of which a party to a proceeding wants to take judgment, must be proved. No court can while deciding a case, place reliance on a fact unless and until it has been proved according to the rules laid down in the Act. But the Act has provided that a court can take into consideration certain facts even without calling for proof of them, i.e., the court may presume certain things. In this article, let us discuss the meaning, scope, and application of conclusive proof.
Presumptions
Presumptions in evidence law are legal mechanisms used to infer the existence of a fact based on the existence of another fact. They simplify judicial processes by reducing the burden of proving commonly accepted truths or probabilities. Presumptions play a significant role in balancing fairness and efficiency in legal proceedings. A presumption is an assumption of a fact that the law requires to be taken as true unless disproved by evidence to the contrary. For instance, the presumption of innocence in criminal trials means that a defendant is assumed innocent until proven guilty.
Presumptions often arise from common sense, experience, or legal principles that reflect societal norms and policies. Presumptions streamline trials by avoiding the need to prove obvious or widely accepted facts repeatedly. A presumption shifts the burden to the opposing party to disprove the assumed fact. For instance, in civil cases, if a presumption of negligence applies, the defendant must show they acted with reasonable care.
Presumptions reduce the evidentiary burden on parties by allowing certain facts to be accepted without direct proof. Presumptions, like the presumption of innocence, uphold fundamental principles of justice. Some presumptions, such as those related to family law or child protection, reflect and enforce societal values. Presumptions may lead to unfairness if misapplied or if the party bearing the burden of disproving them lacks resources. These may sometimes produce unjust outcomes by ignoring contrary evidence.
Kinds of Presumptions:
Presumptions are of 2 types: a) Presumptions of Fact and b) Presumptions of Law.
Presumptions of Fact
Presumptions of Fact are always permissive, rebuttable and do not constitute a branch of jurisprudence. They are indicated in the BSA by the expression ‘may presume’ (refer sections 88-90, 92 and 119).
Presumptions of Law
Presumptions of Law are always obligatory, may be rebuttable or irrebuttable, and constitute a branch of jurisprudence.
- Rebuttable Presumptions of Law are indicated in the BSA by the expression ‘shall presume’ (refer sections 78-84, 91 and 108).
- Irrebuttable Presumptions of Law are indicated in the BSA by the expression ‘conclusive proof’ (refer sections 35, 116, 117 and 118).
May Presume
According to Section 2(h) of the Bharatiya Sakshya Adhiniyam, 2023: “may presume”.—Whenever it is provided by this Adhiniyam that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved or may call for proof of it.
The phrase may presume leaves it to the discretion of the court to make presumption according to circumstances of case.
Example: The court may presume that an accomplice is unworthy of credit, unless he is corroborated in material particulars [Section 114(b) IEA]
Shall Presume
According to Section 2(l) of the Bharatiya Sakshya Adhiniyam, 2023: “shall presume”.—Whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.
The phrase shall presume leaves no discretion or option with the court not to make presumption. Court is bound to take the fact as proved until evidence is given to disprove it.
Example: The court shall presume the genuineness of every government publication. [Section 83]
Conclusive Proof:
Under Section 2(b) of the Bharatiya Sakshya Adhiniyam, 2023, “conclusive proof” is defined as: “When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.”
This means that if the law declares a particular fact to be conclusive proof of another, the court is bound to accept the existence of the latter fact once the former is established. No contrary evidence is admissible to challenge it.
Characteristics of Conclusive Proof
- Binding Nature: The court is obligated to accept the conclusiveness of a fact once it is proved according to the provision. No discretion is left to the court to examine the validity or otherwise of the fact declared conclusive.
- Irrefutable Evidence: Evidence cannot be introduced to contradict a fact deemed as conclusive proof. It operates as a legal presumption that cannot be rebutted.
- Legislative Mandate: Conclusive proof arises out of statutory provisions and not judicial interpretation. It reflects the legislative intent to preclude further inquiry into certain matters for legal certainty and expediency.
- Finality: The doctrine of conclusive proof ensures finality in specific legal contexts, preventing unnecessary litigation or dispute.
- Legal Certainty: It provides stability and predictability by removing disputes about certain foundational facts.
- Judicial Economy: By foreclosing further inquiry, it reduces the burden on courts and expedites decision-making.
- Public Policy: Certain presumptions, such as legitimacy under Section 116, are rooted in societal values and public interest.
- Protection of Rights: It safeguards certain rights by ensuring that they cannot be contested indefinitely, such as the authenticity of certified public documents.
Examples of Conclusive Proof under the Act
The Act contains specific provisions where facts are declared to be conclusive proof. Key examples include:
Legitimacy of a Child (Section 116):
Section 116 of the BSA states: “The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within 280 days after its dissolution, and the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man.” If a child is born during a valid marriage or within the stipulated period after its dissolution, legitimacy is conclusively presumed. The only exception is if non-access between the spouses during the time of conception is conclusively proved.
Certified Copies of Public Documents (Section 78):
Section 79 of the BSA provides that a certified copy of a public document is presumed to be genuine and is conclusive proof of its authenticity unless evidence suggests forgery.
Presumption of Sanctions (Section 85):
Section 85 of the BSA states that electronic agreements executed with proper digital signatures are conclusively presumed to be valid.
Presumption of Entries in Official Gazettes (Section 80):
Official entries in government gazettes are considered conclusive proof of their contents, barring evidence of fraud or fabrication.
Distinguishing between Conclusive Proof and Presumptions
| Conclusive Proof | Presumptions |
| Conclusive proof refers to evidence that is so strong and definitive that it cannot be contradicted or disputed in court. When a fact is declared to be “conclusive proof,” the court is bound to accept it without the possibility of providing contrary evidence. | A presumption is an assumption made by the court, based on the existence of certain facts, that a fact in issue is true until proven otherwise. Presumptions can either be rebuttable or irrebuttable. |
| It is irrebuttable. Once a fact is presented as conclusive proof, it cannot be challenged or disproven by the other party. No further evidence can be introduced to dispute it. | The court assumes a fact is true, but this assumption can be challenged or disproven with contrary evidence. The opposing party has the opportunity to present evidence to rebut (negate) the presumption. Irrebuttable Presumption cannot be contested, and the fact is assumed to be true under all circumstances, similar to conclusive proof. |
| In many legal systems, certain facts are deemed conclusive by statutes. This means that the law has decided, based on policy reasons that such facts cannot be contested in court. | Presumptions are often created for the sake of convenience, particularly in situations where it would be burdensome to require the proof of a certain fact. The law assumes certain facts to be true unless the opposing party proves otherwise. |
| The conclusion drawn from it is final, and the court does not have the discretion to examine it further. | The conclusion drawn from presumption is challengable. |
| Example: In some jurisdictions, a certified copy of a birth or death certificate may be conclusive proof of a person’s birth or death. | Example: Section 119 of the Act deals with the presumptions that courts may make regarding facts, such as presuming a person’s intention or the existence of a document based on certain conditions. |
Conclusion
The concept of conclusive proof under the Bharatiya Sakshya Adhiniyam, 2023, plays a pivotal role in ensuring legal certainty and efficiency. While its rigid nature has been subject to criticism, it remains a cornerstone of evidentiary law, reflecting the legislature’s intent to resolve specific disputes conclusively. By balancing the need for finality with considerations of fairness, the doctrine continues to evolve as an integral part of the Indian legal system.
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