Section 276 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 276 – General Explanation (Hypothetical/Conceptual)
Nature of Section 276
In a law related to evidence, a section numbered around 276 usually deals with presumptions of law or facts, or special evidentiary rules that apply in specific contexts. These sections often outline how certain facts are to be treated by the courts when deciding cases.
Possible Contents of Section 276
Presumption in Favor or Against a Party: The section might specify that when certain facts or documents are presented, the court shall presume the truth of those facts unless disproven.
Effect of Certain Documents or Statements: It could detail how some documents, like certified copies or official records, are presumed authentic and admissible without further proof.
Rebuttable Presumptions: The law might state that certain presumptions are rebuttable, meaning they stand until contrary evidence is shown.
Burden of Proof Shifts: It may describe situations where the burden of proof shifts to one party to disprove a fact presumed true under the law.
Purpose of Such a Section
To simplify judicial proceedings by recognizing some facts as true based on common experience or logic.
To reduce unnecessary evidence by avoiding the need to prove facts that are generally accepted.
To ensure fairness by specifying which party must disprove a presumed fact.
To provide clarity and consistency in how courts handle evidence.
Example Scenario
If a law says a public record is presumed to be genuine, Section 276 might specify that if a party produces a certified copy of a government record, the court will accept it as valid unless the other party can provide proof of forgery or error.
Effect on Legal Proceedings
Parties can rely on these presumptions to build their cases.
Opponents must come prepared to rebut presumptions with sufficient evidence.
Courts follow the procedures and rules laid out to maintain uniformity.
Summary
Section 276 in the context of the Bharatiya Sakshya Adhiniyam, 2023 likely deals with presumptions and evidentiary effects of certain facts or documents, serving to streamline evidence evaluation and assign clear roles in proving or disproving facts.
It creates a legal shortcut that guides judges on which facts to accept as true initially, balancing efficiency with fairness.
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