All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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24.

An accomplice is unworthy of credit unless he is corroborated in material particulars is a

A: presumption of fact
B: presumption of law
C: conclusive proof
D: none of the above

The answer is: B

Explanation

The correct option is B: presumption of law.

This is because the statement "An accomplice is unworthy of credit unless he is corroborated in material particulars" is a part of the illustration (b) of Section 114 of the Indian Evidence Act, 1872. According to this section, the court may presume the existence of certain facts from other facts that are proved. These presumptions are based on the law and not on the discretion of the judge. Therefore, they are called presumptions of law.

A presumption of fact, on the other hand, is a logical inference drawn by the judge from the facts and circumstances of the case. It is not based on any statutory provision, but on common sense and experience. A presumption of fact is not binding on the court and can be rebutted by contrary evidence.

A conclusive proof is a proof that cannot be contradicted or disproved by any other evidence. It is a final and irrefutable proof that establishes the truth or falsehood of a fact. A conclusive proof is different from a presumption, which can be challenged by other evidence.

None of the above is not a correct option because it does not match with any of the definitions given above.