BSA Section 116: Birth during marriage, conclusive proof of legitimacy (formerly IEA 112)

Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024

BSA 116: Birth during marriage, conclusive proof of legitimacy

From 1 July 2024

The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

What it replaced in the Evidence Act

BSA 116 ← IEA 112 · Birth during marriage, conclusive proof of legitimacyChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: "son" is replaced by "child" thus made gender neutral.

Printed in both official correspondence tables (BPR&D and NCRB).

The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

IEA 112 on its own page →

Which one applies

Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.

Read BSA section 170 →

Judgments decided under IEA 112

They remain the law on IEA 112. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.