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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)

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.

Source document ↗

Judgments on Section 116

LOK 2026 (1) Ker. 64 · High Court of Kerala

Potty v. Shaji

SubjectFamily Law
Judges–
ActsIndian Evidence Act - Section 112; Family Courts Act

DNA tests may be ordered in paternity disputes when evidence is lacking, balancing personal privacy against the need for clarity.