BSA Section 44 — Opinion on relationship, when relevant

Summary

This section deals with how a court can form an opinion about the relationship between two people, such as whether they are married or whether one is the child of another. When the court needs to decide on such a relationship, the opinion of any person who has special knowledge of the matter—because they are a family member or otherwise—is considered a relevant fact. This opinion must be expressed through the conduct of that person, meaning how they behave towards the people in question.

However, there is a limitation to this rule. Such an opinion, based on conduct, is not enough by itself to prove a marriage in proceedings under the Divorce Act, 1869, or in prosecutions under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.

Illustration (a) explains this with an example: if the question is whether A and B were married, the fact that their friends usually received and treated them as husband and wife is relevant. Illustration (b) gives another example: if 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.

Official Text

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.

Sections referred to

• BNS §82 — Marrying again during lifetime of husband or wife
• BNS §84 — Enticing or taking away or detaining with criminal intent a married woman

Old <-> New Code Mapping

• IEA §50 — Opinion on relationship, when relevant