Section 112 IEA: Birth during marriage, conclusive proof of legitimacy
Indian Evidence Act, 1872
Section 112 IEA at a Glance
Section 112 IEA deals with birth during marriage, conclusive proof of legitimacy. From 1 July 2024 it is replaced by Section 116 BSA.
Section 112 IEA Bare Act Text
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.
Source: Section 112, Indian Evidence Act, 1872
Section 112 IEA in Simple Words
Section 112 of the Indian Evidence Act, 1872 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 son 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 Act 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 person could have been begotten (conceived).
When Section 112 IEA 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 son of the husband.
Example of Section 112 IEA
When Section 112 IEA 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 112 IEA in the BSA
Section 112 IEA is now covered under Section 116 BSA.
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.
View detailed comparison (IEA 112 vs BSA 116) →FAQs on Section 112 IEA
What is Section 112 IEA?▼
Section 112 of the Indian Evidence Act, 1872 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 son 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 112 IEA 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 112 IEA 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 112 IEA in BSA?▼
Section 116 BSA. 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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Sources: Bare Act Text, Indian Evidence Act, 1872 ·