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Section 44 - The Bharatiya Sakshya Adhiniyam, 2023
44. Opinion on relationship, when relevant.
When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact:
Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869, or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
(a) The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant.
(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.
Related Sections
- Section 65: Proof of signature and handwriting of person alleged to have signed or written document produced
- Section 104: Burden of proof
- Section 168: Judge's power to put questions or order production
- Section 71: Proof of document not required by law to be attested
- Section 80: Presumption as to Gazettes, newspapers, and other documents
Related Acts
- New Delhi International Arbitration Centre Act, 2019
- Commercial Courts Act, 2015
- National Institutes of Food Technology, Entrepreneurship and Management Act, 2021
- National Nursing and Midwifery Commission Act, 2023
- Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017