IEA Section 112: Birth during marriage, conclusive proof of legitimacy
Indian Evidence Act, 1872 · Chapter 7: The Burden Of Proof
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 101. Burden of proof
- 102. On whom burden of proof lies
- 103. Burden of proof as to particular fact
- 104. Burden of proving fact to be proved to make evidence admissible
- 105. Burden of proving that case of accused comes within exceptions
- 106. Burden of proving fact especially within knowledge
- 107. Burden of proving death of person known to have been alive within thirty years
- 108. Burden of proving that person is alive who has not been heard of for seven years
- 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110. Burden of proof as to ownership
- 111. Proof of good faith in transactions where one party is in relation of active confidence
- 111A. Presumption as to certain offences
- 113. Proof of cession of territory
- 113A. Presumption as to abetment of suicide by a married woman
- 113B. Presumption as to dowry death
- 114. Court may presume existence of certain facts
- 114A. Presumption as to absence of consent in certain prosecutions for rape