Bharatiya Sakshya Adhiniyam, 2023
BSA Section 116
Birth during marriage, conclusive proof of legitimacy
In one line
BSA Section 116 deals with birth during marriage, conclusive proof of legitimacy and replaces Evidence Act 112.
Bare act text — BSA 116
116. Birth during marriage, conclusive proof of legitimacy.
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 changed from the Evidence Act
- Evidence Act 112 → BSA 116: "son" is replaced by "child" thus made gender neutral.
Frequently asked
What was BSA Section 116 in the Evidence Act?
BSA Section 116 (Birth during marriage, conclusive proof of legitimacy) replaces Section 112 of the Indian Evidence Act, 1872. Evidence Act 112 is now BSA 116.
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Nearby BSA sections
- BSA 111 — Burden of proving that person is alive who has not been heard of for seven years
- BSA 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- BSA 113 — Burden of proof as to ownership
- BSA 114 — Proof of good faith in transactions where one party is in relation of active confidence
- BSA 115 — Presumption as to certain offences
- BSA 117 — Presumption as to abetment of suicide by a married woman
- BSA 118 — Presumption as to dowry death
- BSA 119 — Court may presume existence of certain facts
- BSA 120 — Presumption as to absence of consent in certain prosecution for rape
- BSA 121 — Estoppel