Bharatiya Sakshya Adhiniyam, 2023 · Section 44

BSA 44: earlier IEA 50

Section 44 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 50 of the Indian Evidence Act, 1872. BSA 44 deals with opinion on relationship, when relevant. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 44 was IEA 50.

Opinion on relationship, when relevant.

Carried over
91% of the old wording kept
Old · IEA 1872 · Ch. II
s. 50
Opinion on relationship, when relevant
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 (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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 44
Opinion on relationship, when relevant.
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.
Text from India Code

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