Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 50BSA 44

Opinion on relationship, when relevant

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What changed

  • No change.

Drafting-ready

Under Section 44 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 50 of the Indian Evidence Act, 1872)...

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 is IEA 50 equivalent in BSA?

IEA Section 50 (Opinion on relationship, when relevant) corresponds to Section 44 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 50 and BSA 44?

No change.

How do I cite BSA 44 in a pleading?

Under Section 44 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 50 of the Indian Evidence Act, 1872)...

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