What is Section 116 BSA?

Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 makes birth during a valid marriage, or during the two hundred and eighty days following its dissolution if the mother stays unmarried, conclusive proof that a person is the legitimate child of the husband. This conclusive proof applies unless it is shown that the spouses lacked access to each other when the person could have been begotten.

Does Section 116 BSA apply after a valid marriage ends?

Yes. The rule applies if the birth occurs during the two hundred and eighty days following the dissolution of the valid marriage and the mother stays unmarried.

Can conclusive proof under Section 116 BSA be overcome?

Yes. A party can overcome the rule only by showing that the married partners lacked access to each other during the period when the person could have been begotten.

What is Section 116 BSA in IEA?

Section 112 IEA. Section 112 IEA became Section 116 BSA on 1 July 2024, where the phrase legitimate son reads legitimate child so the wording is not tied to a son.

IEA 112 Is Now BSA 116: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	112	116
Heading	Birth during marriage, conclusive proof of legitimacy	Same

IEA 112 and BSA 116: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 112, IEA 1872

112. 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 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.

BSA 2023 (in force)

Section 116, BSA 2023

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.

When It Applies: IEA 112 vs BSA 116

Under IEA 112

A person is born while a valid marriage continues between the mother and a man.
Or the birth takes place during the two hundred and eighty days following the dissolution of the marriage, while the mother stays unmarried.
The birth serves as conclusive proof that the person is the legitimate son of the husband.

Under BSA 116

A person is born while a valid marriage continues between the mother and a man.
Or the birth takes place during the two hundred and eighty days following the dissolution of the marriage, while the mother stays unmarried.
The birth serves as conclusive proof that the person is the legitimate child of the husband.

What IEA 112 to BSA 116 Means in Practice

Section 112 IEA became Section 116 BSA on 1 July 2024, and the phrase legitimate son reads legitimate child so the wording is not tied to a son. The same rule of conclusive proof from birth during a valid marriage or during the two hundred and eighty days following its dissolution applies, and a party should cite Section 116 BSA for matters governed by the Adhiniyam.

IEA 112 to BSA 116: Birth during marriage, conclusive proof of legitimacy

IEA 112 to BSA 116 at a Glance

What Changed From IEA 112 to BSA 116?

IEA 112 vs BSA 116: Comparison Table

IEA 112 and BSA 116: Bare Act Text Side by Side

When It Applies: IEA 112 vs BSA 116

What IEA 112 to BSA 116 Means in Practice