Opinion on relationship, when relevant
Section 44 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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 t The Act came into force on 01 Jul 2024.
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.
Section 44, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 50 Opinion on relationship, when relevant Text carried over almost unchanged 97%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bant Singh vs Niranjan Singh (d) by Lrs.
Decided under Indian Evidence Act 50, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct of a person who has special means of knowledge on the subject of that relationship is a relevant fact under Section 50 of the Indian Evidence Act. Such conduct must be proved by a person who personally witnessed it, and the testimony relating to such conduct is direct evidence within the meaning of Section 60. The High Court erred in rejecting the evidence of witnesses who had special means of knowledge (being family members who had attended family events and had personal knowledge of the family relationships) merely on a technical reading of Section 50 without properly analyzing the substance and admissibility of the evidence. The courts below correctly applied the law in accepting such evidence to establish the family relationship between Nandi and Bakhtawar Singh.
On this section: Section 50 deals with the relevancy of opinion expressed by conduct regarding family relationships. The Court held that when a person with special means of knowledge (such as family members) expresses an opinion about a family relationship through their conduct or behavior, such conduct is relevant evidence. The essential requirements are: (1) the court must need to form an opinion about a relationship; (2) the opinion expressed by conduct is relevant; (3) the person must have special means of knowledge about that relationship. The Court applied this section to validate the evidence of DW-1 an
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 44
What have the courts held on Section 44 of the Bharatiya Sakshya Adhiniyam?
Bant Singh vs Niranjan Singh (d) by Lrs. (15 Jan 2008) is the leading judgment on this section among those set out below, though it was decided under IEA 50, which this section replaced -- the court never mentioned this Act: Section 50 deals with the relevancy of opinion expressed by conduct regarding family relationships. The Court held that when a person with special means of knowledge (such as family members) expresses an opinion about a family relationship through their conduct or behavior, such conduct is relevant evidence. The essential requirements are: (1) the court must need to form an opinion about a relationship; (2) the opinion expressed by conduct is relevant; (3) the person must have special means of knowledge about that relationship. The Court applied this section to validate the evidence of DW-1 an.
How do I find court cases under Section 44 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 44, section 44 BSA, section 44 of the Bharatiya Sakshya Adhiniyam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bant Singh vs Niranjan Singh (d) by Lrs. (15 Jan 2008).
What should I read with Section 44 of the Bharatiya Sakshya Adhiniyam, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 82 (Marrying again during lifetime of husband or wife), Bharatiya Nyaya Sanhita 84 (Enticing or taking away or detaining with criminal intent a married woman), so none of them can safely be read on its own. It carries forward IEA 50 (Opinion on relationship, when relevant), so the judgments decided under that provision are the case law on this one.
When did Section 44 of the Bharatiya Sakshya Adhiniyam come into force?
Section 44 of the Bharatiya Sakshya Adhiniyam, cited as BSA 44, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.