Mistake in Presumption under Evidence Act
evidence cuet_pg intermediate trick_questionYeh sawal to ekdum simple lagta hai, lekin ek twist hai jo logon ko confuse karti hai. CUET PG Law ka question hai: "A person is accused of murdering his wife. The following facts are admitted:
- Wife was suffering from a chronic disease.
- Husband had taken her to several doctors for treatment.
- The husband was insured against the death of his wife.
- The husband stood to gain by her death.
Aapko kya sochne ka hoga kya? Agar aapka jawab is prakar ka hoga ki husband ko murder ki evidence zahir hain, to aap galat ho sakte hain. Yeh sawal kya jaante hai ki court kaise evidence ko consider karegi.
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Mistake in Presumption under Evidence Act: To clarify, mistake in presumption refers to incorrect assumptions made by a court while applying the provisions of the Evidence Act. It can occur when the court mistakenly presumes something that is not established by the evidence. Eg, presumption of innocence under Section 101 of the Evidence Act can be a common mistake. Sabse zaroori hai court ko dhyan se saar niyein (Most importantly, the court must carefully consider all the evidence) in such situations to avoid mistake.