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

Bharatiya Sakshya Adhiniyam, 2023 · Chapter 7: Of the Burden of Proof

116. 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.

Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.

Other sections in this chapter

104. Burden of proof
105. On whom burden of proof lies
106. Burden of proof as to particular fact
107. Burden of proving fact to be proved to make evidence admissible
108. Burden of proving that case of accused comes within exceptions
109. Burden of proving fact especially within knowledge
110. Burden of proving death of person known to have been alive within thirty years
111. Burden of proving that person is alive who has not been heard of for seven years
112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
113. Burden of proof as to ownership
114. Proof of good faith in transactions where one party is in relation of active confidence
115. Presumption as to certain offences
117. Presumption as to abetment of suicide by a married woman
118. Presumption as to dowry death
119. Court may presume existence of certain facts
120. Presumption as to absence of consent in certain prosecution for rape