Bharatiya Sakshya Adhiniyam, 2023
BSA Section 44
Opinion on relationship, when relevant
In one line
BSA Section 44 deals with opinion on relationship, when relevant and replaces Evidence Act 50.
Bare act text — BSA 44
44. Opinion on relationship, when relevant.
When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869 (4 of 1869), or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023. Illustrations. (a) The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant. (b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.
Frequently asked
What was BSA Section 44 in the Evidence Act?
BSA Section 44 (Opinion on relationship, when relevant) replaces Section 50 of the Indian Evidence Act, 1872. Evidence Act 50 is now BSA 44.
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Nearby BSA sections
- BSA 39 — Opinions of experts
- BSA 40 — Facts bearing upon opinions of experts
- BSA 41 — Opinion as to handwriting and signature, when relevant
- BSA 42 — Opinion as to existence of general custom or right, when relevant
- BSA 43 — Opinion as to usages, tenets, etc., when relevant
- BSA 45 — Grounds of opinion, when relevant
- BSA 46 — In civil cases character to prove conduct imputed, irrelevant
- BSA 47 — In criminal cases previous good character relevant
- BSA 48 — Evidence of character or previous sexual experience not relevant in certain cases
- BSA 49 — Previous bad character not relevant, except in reply