Section 50 IEA (Opinion on relationship, when relevant) is now Section 44 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 50 to BSA 44?
Section 50 of the Indian Evidence Act, 1872 became Section 44 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The proviso now cites the Divorce Act, 1869 and "sections 82 and 84" of the BNS, where the IEA cited "section 494, 495, 497 or 498" of the IPC. IPC Section 497 (adultery) has no BNS counterpart.
IEA 50 vs BSA 44: Comparison Table
Aspect
IEA 1872 (repealed)
BSA 2023 (in force)
Section
50
44
Heading
Opinion on relationship, when relevant
Same
IEA 50 and BSA 44: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 50, IEA 1872
50. 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 Indian Divorce Act, 1869 (4 of 1869), or in prosecutions under section 494, 495, 497 or 498 of the Indian Penal Code (45 of 1860).
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.
BSA 2023 (in force)
Section 44, BSA 2023
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.
When It Applies: IEA 50 vs BSA 44
Under IEA 50
The court has to form a view on how one person is related to another.
A person holds an opinion on the existence of that relationship and expresses that opinion through conduct, such as how family or friends treat the individuals.
The person whose conduct expresses the opinion is a family member or another person who has special means of knowledge about the relationship.
Under BSA 44
The court has to form a view on how one person is related to another.
A person holds an opinion on the existence of that relationship and expresses that opinion through conduct, such as how family or friends treat the individuals.
The person whose conduct expresses the opinion is a family member or another person who has special means of knowledge about the relationship.
What IEA 50 to BSA 44 Means in Practice
The main rule that an opinion on a relationship expressed through conduct is a relevant fact remains the same, and a party in a matter governed by the BSA should cite Section 44 BSA instead of Section 50 IEA. In the proviso on when conduct alone cannot prove a marriage, the references changed from the Indian Divorce Act, 1869 and sections 494, 495, 497, and 498 of the Indian Penal Code to the Divorce Act, 1869 and sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023. Section 497 of the Indian Penal Code on adultery has no counterpart in the Bharatiya Nyaya Sanhita, 2023.
FAQs: IEA 50 to BSA 44
Does the proviso in Section 44 BSA still include adultery prosecutions from Section 50 IEA?▼
No. The proviso in Section 50 IEA included section 497 of the Indian Penal Code on adultery, which has no counterpart in the Bharatiya Nyaya Sanhita, 2023. The proviso in Section 44 BSA instead covers a prosecution for sections 82 and 84 under the Bharatiya Nyaya Sanhita, 2023, along with proceedings governed by the Divorce Act, 1869.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.