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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 22: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
- Section 73: Proof as to verification of digital signature
- Section 126: Competency of husband and wife as witnesses in certain cases
- Section 135: Production of title-deeds of witness not a party
- Section 139: Number of witnesses