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.
Central Act · India · Part IV · Chapter VII — Of the Burden of Proof
Section 116 BSA Birth during marriage, conclusive proof of legitimacy
Bharatiya Sakshya Adhiniyam, 2023 · Edition: Original enacted Gazette, 25 December 2023; supplied UP Police IEA comparison (printed pages 9–25)
Judgments on Section 116
LOK 2026 (1) Ker. 64 · High Court of Kerala
Potty v. Shaji
DNA tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.
LOK 2010 (5) SC 171 · Supreme Court of India
Bharatha Matha v. R. Vijaya Renganathan & Ors.Bha
Equivalent citations: 2010 (5) SCJ 422
Subject–
JudgesJustice Swatanter Kumar
ActsHindu Marriage Act, 1955 (Section 16); Evidence Act, 1872 (Section 112)
LOK 2005 (4) SC 271 · Supreme Court of India
Shri Banarsi Dass v. Mrs. Teeku Dutta
Equivalent citations: 2005 (4) SCC 449 : 2005 (4) Scale 442 : 2005 (4) JT 627 : 2005 (4) SCJ 217 : 2005 (3) CTC 227 (SC) : 2005 (2) MAH.L.R 861 (SC) : 2005 (5) AD(SC) 502 : 2005 (5) BCR 778 (SC),
Subject–
ActsIndian Evidence Act, 1872 (Section 112)
