Section 116 BSA: Birth during marriage, conclusive proof of legitimacy

Bharatiya Sakshya Adhiniyam, 2023

Section 116 BSA at a Glance

Section 116 BSA deals with birth during marriage, conclusive proof of legitimacy. It replaced Section 112 IEA on 1 July 2024.

Was IEA

Section 112 →

Section 116 BSA Bare Act Text

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.

Source: Section 116, Bharatiya Sakshya Adhiniyam, 2023

Section 116 BSA in Simple Words

Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 sets a rule of conclusive proof (final proof that a court must accept as true) for legitimacy (lawful parentage within marriage). When a person is born during an ongoing valid marriage between the mother and a man, the birth proves that the person is the legitimate child of the husband.

The same rule applies if the person is born during the two hundred and eighty days following the dissolution (the legal end of a marriage) of that valid marriage, provided the mother stays unmarried. In either case, the court must treat legitimacy as conclusively proved.

The Adhiniyam allows only a narrow exception to this conclusive proof. The rule is displaced if a party shows that the married partners had no access (no opportunity for physical contact) to each other during the period when the child could have been begotten (conceived).

When Section 116 BSA Applies

  • 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.

Example of Section 116 BSA

In September 2024 in Bhopal, a daughter named Priya is born while a valid marriage continues between the mother, Anita, and Farhan. During an inheritance case in court, a relative questions whether Priya is the legitimate child of Farhan. No evidence shows that Anita and Farhan lacked access to each other when the baby could have been begotten. Under Section 116 BSA, the birth during the valid marriage is conclusive proof that Priya is the legitimate child of Farhan.

When Section 116 BSA Does Not Apply

  • The rule of conclusive proof does not apply if a party shows that the spouses lacked access to each other during the period when the person could have been begotten.

Section 116 BSA in the IEA (Previous Law)

Section 116 BSA replaces Section 112 IEA from the old criminal code.

Section 112 of the Indian Evidence Act, 1872 became Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "Legitimate son" reads "legitimate child", so the wording is no longer tied to a son.

FAQs on Section 116 BSA

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·