PART II · CHAPTER II RELEVANCY OF FACTS · Opinions of third persons when relevant

Section 44: Opinion on relationship, when relevant

The Bharatiya Sakshya Adhiniyam, 2023

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 (4 of 1869), or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.

Illustrations.

(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.

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

44	50. Opinion on relationship, when relevant.

Questions on this section

2 questions in 11 of our papers cite Section 44. Try these from the free papers:

1. A is prosecuted under Section 82 of the Bharatiya Nyaya Sanhita, 2023 for marrying again during the lifetime of his wife W. To prove the first marriage between A and W, the prosecution relies only on the testimony of neighbours that A and W were always received and treated by everyone as husband and wife. Under the BSA, this evidence is:

Practise questions on Bharatiya Sakshya Adhiniyam