BSA § 44 · Bharatiya Sakshya Adhiniyam, 2023
Section 44 BSA — Opinion on relationship, when relevant
Replaces IEA 50 of the Indian Evidence Act, 1872. In force since 1 July 2024.
The text
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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.