Code: Section 116 – Bharatiya Sakshya Adhiniyam (BSA)
The fact that any person was born during the continuance of a valid marriage
between his mother and any man, or within two hundred and eighty days after its dissolution,
the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of
that man, unless it can be shown that the parties to the marriage had no access to each other
at any time when he could have been begotten.
Explanation of Section 116 – Bharatiya Sakshya Adhiniyam (BSA)
Section 116 deals with the presumption of legitimacy for a child born during a valid marriage or within a certain period after the dissolution of the marriage. It establishes that a child born during a valid marriage, or within 280 days after the marriage’s dissolution (while the mother remains unmarried), is conclusively presumed to be the legitimate child of the man who was married to the mother. However, this presumption can be challenged if it is shown that the man and the mother had no access to each other at any time during the period when the child could have been conceived.
Key Points:
- Legitimacy Presumption: A child born during the valid marriage or within 280 days of its dissolution is conclusively presumed to be the legitimate child of the man.
- Access Requirement: The presumption of legitimacy can be rebutted if there is proof that the parties had no access to each other during the relevant period.
- Duration of Legitimacy: The rule applies even in cases where the marriage was dissolved, as long as the mother remains unmarried within 280 days.
Illustration
Example 1: Child Born During Valid Marriage
A child is born while a couple is married. The child is presumed to be the legitimate child of the man in the marriage unless it can be shown that the parties had no access to each other at any time during the conception window.
Example 2: Child Born Within 280 Days After Divorce
A woman’s marriage is dissolved, and she has a child within 280 days of the dissolution, while remaining unmarried. The child is presumed to be the legitimate child of the man from her previous marriage, unless it is proven that the man and the woman had no access to each other during the time when conception could have occurred.
Common Questions and Answers on Section 116 – Bharatiya Sakshya Adhiniyam (BSA)
1. What does Section 116 establish about legitimacy?
- Answer: Section 116 establishes that a child born during the continuance of a valid marriage, or within 280 days of its dissolution (if the mother remains unmarried), is conclusively presumed to be the legitimate child of the man married to the mother.
2. Can the presumption of legitimacy be challenged?
- Answer: Yes, the presumption of legitimacy can be challenged if it can be shown that the man and the woman had no access to each other during the relevant period when the child could have been conceived.
3. What is the time frame for the legitimacy presumption under Section 116?
- Answer: The presumption applies to a child born during the marriage or within 280 days after the marriage is dissolved, as long as the mother remains unmarried.
Conclusion
Section 116 of the Bharatiya Sakshya Adhiniyam (BSA) provides a conclusive presumption of legitimacy for a child born during the continuation of a valid marriage or within 280 days of its dissolution, as long as the mother remains unmarried. This section ensures clarity in establishing the legitimacy of a child unless there is evidence to the contrary regarding access to each other during the conception period.
