Law4u - Made in India

What Is BSA Section 44?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 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, 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.

Brefe Detail

This section outlines how opinions regarding personal relationships can be considered relevant in court. It specifies that opinions expressed by those with special knowledge of the relationships, such as family members, can be taken into account. However, it clarifies that such opinions are not sufficient to prove marriage in certain legal contexts.

Question & Answers

Q1: What type of opinions are considered relevant under Section 44?

A1: Opinions expressed by individuals who have special knowledge of the relationship, typically family members, are considered relevant.

Q2: Are opinions sufficient to prove marriage in court?

A2: No, such opinions are not sufficient 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.

Q3: Can the treatment of individuals by their friends be considered as evidence of a relationship?

A3: Yes, if A and B are treated by their friends as husband and wife, it is relevant evidence regarding their marital status.

Q4: How does this section relate to the legitimacy of a child?

A4: The fact that A is treated as the legitimate son of B by family members can be relevant in establishing the relationship.

Example

1. If a child is consistently introduced as the son of a couple in social settings, this behavior can indicate their relationship.

2. In a court case determining if a couple was married, testimonies from friends about how the couple interacted and was perceived can be considered.

Summary

Section 44 of the Bhartiya Sakshya Adhiniyam, 2023 allows for the consideration of opinions on personal relationships from those with special knowledge, such as family members. It underscores that while such opinions can provide relevant context, they do not suffice to prove legal marital status in specific judicial proceedings.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Manish Mishra

Advocate Manish Mishra

Cheque Bounce, Consumer Court, Court Marriage, Divorce, Insurance, Motor Accident, Property, R.T.I, Revenue, Wills Trusts, Criminal, Anticipatory Bail, Succession Certificate, Family, Domestic Violence, Documentation, Civil

Get Advice
Advocate Shobhit Vyas

Advocate Shobhit Vyas

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, Court Marriage, Succession Certificate, Revenue

Get Advice
Advocate Hirdesh Kumar

Advocate Hirdesh Kumar

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue,

Get Advice
Advocate Anuj Kumar

Advocate Anuj Kumar

Anticipatory Bail, Armed Forces Tribunal, Cheque Bounce, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Family, High Court, Labour & Service, R.T.I

Get Advice
Advocate Shashi Kant Singh

Advocate Shashi Kant Singh

Consumer Court, High Court, Property, R.T.I, RERA, NCLT, Revenue

Get Advice
Advocate Suresh Kumar Jasaiwal

Advocate Suresh Kumar Jasaiwal

Criminal,Family,Civil,High Court,Landlord & Tenant,Labour & Service,

Get Advice
Advocate Aditya Jain

Advocate Aditya Jain

Cheque Bounce, Civil, Consumer Court, Criminal, Revenue

Get Advice
Advocate Mukesh Singh

Advocate Mukesh Singh

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Property, Succession Certificate, Documentation

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.