conclusive proof

Where the law declares one fact conclusive proof of another, the court must regard the second fact as proved on proof of the first and must not allow evidence to disprove it (s.2(1)(b) BSA, old s.4 Evidence Act). It is the strongest of three grades of presumption. “May presume” leaves it to the court whether to presume; “shall presume” requires the presumption but allows rebuttal; conclusive proof allows no rebuttal at all.

The best-known example is s.116 BSA (old s.112): birth during a valid marriage is conclusive proof of legitimacy, unless it is shown that the parties had no access to each other when the child could have been conceived. Conclusive proof is really a rule of substantive law expressed as a rule of evidence.

Example

Since the child was born during a valid marriage and access is not disproved, section 116 BSA makes this conclusive proof of legitimacy, and the DNA argument cannot be raised.

In Indian law

• Section 2(1)(b), Bharatiya Sakshya Adhiniyam, 2023 (old s.4, Evidence Act)
• Section 116, Bharatiya Sakshya Adhiniyam, 2023 (old s.112) (birth during marriage, conclusive proof of legitimacy)

See also

presumption · legitimacy · burden of proof · legal fiction

Read more in the study notes

• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Admissions: definition, persons whose admissions are relevant, and evidentiary value (Bharatiya Sakshya Adhiniyam)
• Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)
• Presumptions, judicial notice and presumption of legitimacy (Bharatiya Sakshya Adhiniyam)
• Incorporation and the certificate of incorporation (Company Law)