Section 116 Earlier Evidence Act 112
Birth during marriage, conclusive proof of legitimacy
Chapter 7: Of the burden of proof
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 113Burden of proof as to ownershipEvidence Act 110
- 114Proof of good faith in transactions where one party is in relation of active confidenceEvidence Act 111
- 115Presumption as to certain offencesEvidence Act 111A
- 117Presumption as to abetment of suicide by a married womanEvidence Act 113A
- 118Presumption as to dowry deathEvidence Act 113B
- 119Court may presume existence of certain factsEvidence Act 114