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BSA Section 116: Birth during marriage, conclusive proof of legitimacy

Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 deals with birth during marriage, conclusive proof of legitimacy. It replaces Evidence Act 112 of the Indian Evidence Act, 1872.

Text of BSA Section 116

116. 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.

Evidence Act sections replaced

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