Opinion on relationship, when relevant
Chapter 2: Relevancy of facts
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 39Opinions of expertsEvidence Act 45
- 40Facts bearing upon opinions of expertsEvidence Act 46
- 41Opinion as to handwriting and signature, when relevantEvidence Act 47
- 42Opinion as to existence of general custom or right, when relevantEvidence Act 48
- 43Opinion as to usages, tenets, etc., when relevantEvidence Act 49
- 45Grounds of opinion, when relevantEvidence Act 51