Section 116: Birth during marriage, conclusive proof of legitimacy

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik (2014)Decided on Evidence Act section 112Holding that an accurate DNA test report prevails over the conclusive presumption of legitimacy under Section 112 of the Evidence Act, the Court set aside maintenance ordered for a child whom DNA tests showed was not the husband's.
• Goutam Kundu v. State of West Bengal (1993)Decided on Evidence Act section 112Courts in India cannot order a blood group test as a matter of course; the husband must first make out a strong prima facie case of non-access to displace the presumption of legitimacy under Section 112 of the Evidence Act.

Questions on this section

5 questions in 23 of our papers cite Section 116. Try these from the free papers:

1. 1. In Goutam Kundu v. State of West Bengal (1993), where a husband sought a blood-group test to disprove the paternity of a child, the Supreme Court held that:

   A.courts cannot order a blood test as a matter of course, and a roving inquiry cannot be permittedB.a blood test must be ordered whenever the husband denies paternity, since the truth must always prevailC.a blood test may be ordered only with the consent of the child, once the child attains majorityD.the presumption of legitimacy is rebutted by any evidence that the husband is not the father
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2. 2. In Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik (2014), a DNA test showed that the husband was not the biological father of a child born during a valid marriage, though the presumption of legitimacy now in Section 116 of the BSA applied. The Supreme Court held that:

   A.the DNA result, being scientifically accurate, prevails over the presumptionB.the conclusive presumption prevails, and a DNA result can never be consideredC.the question must be referred back to the Family Court for fresh evidence on accessD.the DNA result can be considered only if non-access is first proved by other evidence
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3. 3. Under Section 116 of the BSA, a person born within how many days after the dissolution of his mother's valid marriage, the mother remaining unmarried, is conclusively proved to be the legitimate child of her former husband, unless non-access is shown?

   A.Three hundred and sixty-five daysB.Two hundred and seventy daysC.Two hundred and eighty daysD.Three hundred days
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