Section 116

Birth during marriage, conclusive proof of legitimacy.

The Bharatiya Sakshya Adhiniyam, 2023

  • Act 47 of 2023
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and to provide for general rules and principles of evidence for fair trial.

All sections

Chapter VII: Of the burden of proof Sections 104 to 120

    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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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