§ SECTION 116 · BSA 2023 · CHAPTER VII — BURDEN OF PROOF

Birth during marriage, conclusive proof of legitimacy

The strongest presumption of all. Birth during a valid marriage — or within 280 days of its end, the mother unmarried — is conclusive proof that the child is the husband’s legitimate child. The one and only escape: proof that the couple had no access to each other when the child could have been conceived.

How to read Section 116

Born within the marriage (or 280 days of its end) → conclusively the husband’s child → only non-access can displace it.

The fact

The child was born during a valid marriage, or within 280 days of its dissolution (the mother unmarried).

Conclusive proof

That is conclusive proof he is the legitimate child of that man.

The only escape

Unless it is shown the couple had no access to each other when he could have been begotten.

The bare Act

The section in its own words — a single sentence, with no illustration.

Section 116 · verbatim

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.

In short: the law protects a child’s legitimacy with its very strongest tool. If a child is born while his mother’s marriage is on foot — or within two hundred and eighty days (the outer span of pregnancy) after it ends, provided she has not remarried — that birth is conclusive proof that he is the husband’s legitimate child. ‘Conclusive proof’ means the court will not allow it to be contradicted: suspicion, resemblance, even scientific evidence pointing to another man cannot be heard. There is exactly one door out — a party may show that the husband and wife had no access to each other at any time when the child could have been conceived. Prove that, and the presumption falls; short of it, legitimacy stands.

→ This carries forward IEA 1872 § 112 — birth in wedlock as conclusive proof of legitimacy.

Glossary

during the continuance of a valid marriage

While the marriage legally subsisted.

within two hundred and eighty days after its dissolution

Within ~280 days (the outer span of pregnancy) of the marriage ending.

the mother remaining unmarried

She had not remarried in that window.

conclusive proof

Proof the law will not allow to be contradicted by any evidence.

legitimate child

A child recognised in law as born of the marriage.

no access to each other

No opportunity for marital intercourse when conception was possible.

The picture

Born within the marriage window — legitimacy is conclusive, and only non-access can break it.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleConclusive — one escape

the ruleBorn in wedlock — conclusively the husband’s child

In one lineBirth during a valid marriage (or within 280 days of its end, the mother unmarried) is conclusive proof of legitimacy — unless the couple are shown to have had no access when the child could have been conceived.

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,born inside the marriage (or 280-day window)…the child was born while the marriage subsisted, or within 280 days of its end (she not remarried)…

shall be conclusive proof that he is the legitimate child of that man,→ conclusively the husband’s legitimate child…that is conclusive proof of legitimacy — it cannot be contradicted.

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.the one escape: no access at the time of conceptionthe single exception — proof the couple had no access when conception was possible.

ExampleA child is born to a married woman. Even if another man claims to be the father, the child is conclusively the husband’s legitimate child — the husband can escape it only by proving he had no access to his wife when the child could have been conceived.

✗ Not thisEven a paternity test pointing to another man does not override this. ‘Conclusive proof’ shuts out all such evidence — the only admissible route is proof of non-access.

conclusive — one escapeIrrebuttable, save for non-access

In one line‘Conclusive proof’ means the court will not hear evidence to the contrary — the single statutory exception is proof of non-access during the window of conception.

Example280 days is roughly the outer limit of pregnancy — so a child born within that span after the marriage ends (the mother not having remarried) is still covered by the conclusive presumption.

✗ Not thisThe escape is narrow: only non-access (no chance of intercourse when conception was possible). Mere separation, discord, or suspicion of infidelity is not enough.

Connected provisions

§ 115 · back

IEA 1872, § 112

Carried forward — birth in wedlock as conclusive proof of legitimacy.

Bharatiya Sakshya Adhiniyam, 2023 — Section 116: Birth during marriage, conclusive proof of legitimacy