Section 4 of the Indian Evidence Act distinguishes between **"may pres…

Question

Section 4 of the Indian Evidence Act distinguishes between **"may presume"**, **"shall presume"** and **"conclusive proof"**. Which mapping correctly aligns these phrases with their effect?

Accepted Answer

A. {'text': '"May presume" → rebuttable presumption of fact (court may presume); "shall presume" → rebuttable presumption of law (court must presume until disproved); "conclusive proof" → irrebuttable presumption of law', 'label': 'A'}

1. Section 4 of the Indian Evidence Act is the **presumptions** provision.
2. The lesson reproduces the mapping:
   - **"May presume"** → presumption of fact; the court has discretion to draw or not draw the inference. Rebuttable.
   - **"Shall presume"** → rebuttable presumption of law; the court must draw the inference unless and until it is **disproved**.
   - **"Conclusive proof"** → irrebuttable presumption of law; once the basic fact is proved, contrary evidence is not allowed.
3. The three are recognised in three categories: presumptions of law, of fact, and mixed.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 11 (Indian Evidence Act, 1872), pp. 251-272._

Answer

{'text': '"May presume" → irrebuttable presumption of law; "shall presume" → rebuttable presumption of fact; "conclusive proof" → rebuttable presumption of law that may be disproved at any time during the proceeding', 'label': 'B'}

Answer

{'text': '"May presume", "shall presume" and "conclusive proof" → all denote rebuttable presumptions of fact that may be disproved at any time during the proceeding under any law in force in any State of India', 'label': 'C'}

Answer

{'text': '"May presume", "shall presume" and "conclusive proof" → all denote irrebuttable presumptions of law that cannot be disproved at any time during the proceeding under any law in force in any State of India', 'label': 'D'}