§ SECTION 44 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Opinion on relationship, when relevant

How people are related can be shown by conduct — the way family and friends treat them. Such conduct-opinion, from one with special means of knowledge, is relevant; but it is not enough to prove a marriage in certain proceedings.

How to read Section 44

Relationship by conduct — with one limit.

The opinion

An opinion on relationship expressed by conduct — how people are treated.

Whose

A family member, or another with special means of knowledge.

The proviso

Not sufficient to prove a marriage in Divorce-Act cases or BNS §§ 82/84 prosecutions.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 44 · verbatim

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.

In short: relationships often show themselves in how people behave — a couple received as husband and wife, a boy raised and treated as a son. The law makes that conduct of those who would know a relevant fact of relationship. Its one caution: such conduct alone will not prove a marriage in a divorce case or a bigamy-type prosecution.

→ This carries forward IEA 1872 § 50 — opinion on relationship, expressed by conduct.

Glossary

opinion expressed by conduct

Belief in a relationship shown by behaviour — treating people as married, as parent and child — not by a mere statement.

relationship

How one person stands to another — spouse, parent, child, kin.

member of the family or otherwise

Usually a relative, but anyone with special means of knowledge qualifies.

special means of knowledge

A real, close knowledge of the family or the persons concerned.

not sufficient to prove a marriage

The proviso — in the named proceedings, conduct is relevant but needs more to establish a marriage.

Divorce Act, 1869 · BNS §§ 82, 84

The proceedings where the proviso bites — matrimonial relief and bigamy / marriage-related offences.

The picture

Conduct proves relationship — but not a marriage everywhere.

The section, part by part

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

The ruleThe proviso

the ruleRelationship shown by how people behave

In one lineWhen the question is how two people are related, the opinion — expressed by conduct — of someone with special means of knowledge (usually the family) is a relevant fact.

When the Court has to form an opinion as to the relationship of one person to another,the trigger · a relationshipwhen the Court must decide how one person is related to another…

the opinion, expressed by conduct, as to the existence of such relationship,★ opinion expressed BY CONDUCT…the opinion shown by conduct (how they treated each other), not merely stated…

of any person who, as a member of the family or otherwise, has special means of knowledge on the subject,who · special means of knowledge…of anyone who, as a family member or otherwise, has special means of knowing it…

is a relevant fact:→ relevant…is a relevant fact.

Example(a): whether A and B were married — that friends usually received and treated them as husband and wife is relevant. (b): whether A is B’s legitimate son — that the family always treated him as such is relevant.

✗ Not thisIt is opinion by conduct, from someone with special means of knowledge (usually family) — not a stranger’s guess, nor a bare verbal assertion. And for some marriage questions, conduct alone is not enough (see the proviso).

the provisoWhere conduct alone is not enough

In one lineConduct-opinion is relevant — but it is not enough, on its own, to prove a marriage in a Divorce Act case or a BNS §§ 82/84 prosecution.

Provided that such opinion shall not be sufficient to prove a marriage⚠ not enough to prove marriagesuch conduct-opinion is not enough, by itself, to prove a marriage…

in proceedings under the Divorce Act, 1869 (4 of 1869),· in Divorce Act cases…in Divorce Act 1869 proceedings…

or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.· or BNS §§ 82 / 84 prosecutions…or in BNS 2023 §§ 82 / 84 prosecutions (bigamy and marriage-related offences).

ExampleIn a bigamy prosecution (BNS § 82), the mere fact that a couple were treated as married is not enough to prove the marriage — stricter, direct proof of the ceremony is required.

✗ Not thisThe proviso is narrow — it does not make conduct-opinion irrelevant; it only says it is not sufficient by itself to prove marriage in those specific proceedings. Everywhere else (illustrations a & b), it is fully relevant.

Connected provisions

§ 43

IEA 1872, § 50

Carried forward — opinion on relationship, expressed by conduct.

Bharatiya Sakshya Adhiniyam, 2023 — Section 44: Opinion on relationship, when relevant