CHAPTER II.––OF THE RELEVANCY OF FACTS · OPINIONS OF THIRD PERSONS WHEN RELEVANT

Section 50: Opinion on relationship, when relevant

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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 Indian Divorce Act, 1869 (4 of 1869), or in prosecutions under sections 494, 495, 497 or 498 of the Indian Penal Code (45 of 1860).

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.

Now in the BSA

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

50. Opinion on relationship, when relevant.

BSA 44

Questions on this section

1 question in 10 of our papers cite Section 50. 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 Criminal Law