Birth during marriage, conclusive proof of legitimacy
Section 112 of the Indian Evidence Act, 1872 deals with birth during marriage, conclusive proof of legitimacy. 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 son of that man, unless it can be shown that t The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 son 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.
Section 112, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 116 Birth during marriage, conclusive proof of legitimacy 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 The repealed enactment still governs what happened while it was in force.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.
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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Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik
Court's Decision & Legal Precedent
Judgment of Main Case order-23.pdf labelled Judgment 2014-01-06. DATE-CHECK flagged 1993/2010/2011 fact dates (false positive); markdown is the 6 Jan 2014 Prasad/Khehar reportable (Crl A 24/2014). Scientifically accurate DNA proof yields to / rebuts s.112's conclusive legitimacy when they conflict; 'truth must triumph.' Map iea 112 and bsa 116.
On this section: s.112 conclusive proof of legitimacy of a child born during a valid marriage yields when a scientifically accurate DNA test excludes paternity; truth must triumph (Nandlal Badwaik).
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Dipanwita Roy vs Ronobroto Roy
Court's Decision & Legal Precedent
In matrimonial disputes where specific allegations of infidelity and adultery are levelled under Section 13(1)(ii) of the Hindu Marriage Act, a court may direct DNA testing to establish or refute such allegations as a distinct legal issue from the question of legitimacy of a child born during the marriage. DNA testing is permissible when it is eminently needed and the court, after balancing the interests of all parties (including the child's welfare and the right to privacy), is satisfied that such testing is necessary for a just decision. The direction for DNA testing does not necessarily trigger the full rigours of Section 112 of the Indian Evidence Act's conclusive presumption, as the primary issue is infidelity, not legitimacy. However, the court must preserve the liberty of parties to comply or disregard the DNA test direction, with adverse inferences drawn under Section 114 of the Evidence Act in case of non-compliance, thereby protecting the child's presumption of legitimacy under Section 112 to the maximum extent possible.
On this section: Conclusive proof of legitimacy based on birth during valid marriage and opportunity of access; examined as the primary statutory protection against bastardization of children.
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Aparna Ajinkya Firodia vs Ajinkya Arun Firodia
Court's Decision & Legal Precedent
A matrimonial court cannot routinely order a DNA test of a child to prove a husband's allegations of adultery against the wife when there is no dispute regarding access during the period of conception. Furthermore, if a mother declines to subject her minor child to a DNA test in order to protect the child's identity, welfare, and privacy, no adverse inference of adultery can be drawn against her under Section 114 Illustration (h) of the Indian Evidence Act.
On this section: Conclusive proof of legitimacy of a child born during marriage unless non-access is shown.
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Supriyo @ Supriya Chakraborty vs Union Of India
Court's Decision & Legal Precedent
The Supreme Court held that while there is no fundamental right to marry under the Indian Constitution, LGBTQ+ persons have a constitutional right to enter into abiding cohabitational relationships grounded in Articles 14, 15, 19, 21, and 25. The Special Marriage Act 1954 cannot be read down to permit same-sex marriages due to semantic impossibilities and interconnected gendered provisions. The Court recognized that existing laws create indirect discriminatory impact on queer couples by denying them access to spousal benefits in employment, succession, adoption, and taxation. The Court declined to issue directions for marriage equality, finding such matters require comprehensive parliamentary action. Instead, the Court directed the Union Government to constitute a high-powered committee to examine the discriminatory impact of existing laws and regulations on same-sex couples and recommend appropriate remedies. Transgender persons in heterosexual relationships can marry under existing laws through harmonious interpretation with the Transgender Persons Act.
On this section: Presumes legitimacy of child born during marriage; discussed as assuming procreation purpose of marriage
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Kambappa S/o Gududappa vs Rangaswamy
Court's Decision & Legal Precedent
In a suit for partition, all sharers are necessary parties. An appeal that fails to join all necessary parties who were parties to the original suit is liable to be dismissed to avoid conflicting decrees.
On this section: Presumption of legitimacy of children born during a valid marriage.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Such an obligation can be imposed on the State only when a right is infringed because of actions of the State. 47. Mr. Maninder Singh, learned senior counsel, submitted that Section 112 of the Indian Evidence Act 1872 which provides that birth during the sustenance of marriage or two hundred and eighty days after the dissolution of marriage is a conclusive proof of legitimacy establishes that procreation is a chief component of marriage. He further submitted that an alteration of the chief …
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… Such an obligation can be imposed on the State only when a right is infringed because of actions of the State. 47. Mr. Maninder Singh, learned senior counsel, submitted that Section 112 of the Indian Evidence Act 1872 which provides that birth during the sustenance of marriage or two hundred and eighty days after the dissolution of marriage is a conclusive proof of legitimacy establishes that procreation is a chief component of marriage. He further submitted that an alteration of the chief …
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… Such an obligation can be imposed on the State only when a right is infringed because of actions of the State. 47. Mr. Maninder Singh, learned senior counsel, submitted that Section 112 of the Indian Evidence Act 1872 which provides that birth during the sustenance of marriage or two hundred and eighty days after the dissolution of marriage is a conclusive proof of legitimacy establishes that procreation is a chief component of marriage. He further submitted that an alteration of the chief …
Questions about Section 112
What have the courts held on Section 112 of the Indian Evidence Act?
Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik (06 Jan 2014) is the leading judgment on this section among those set out below: s.112 conclusive proof of legitimacy of a child born during a valid marriage yields when a scientifically accurate DNA test excludes paternity; truth must triumph (Nandlal Badwaik). Another 4 judgments on this section are set out below, 4 of them from the Supreme Court. They run from 2007 to 2023.
How do I find court cases under Section 112 of the Indian Evidence Act?
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: IEA 112, section 112 IEA, section 112 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik (06 Jan 2014).
What should I read with Section 112 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 116 (Birth during marriage, conclusive proof of legitimacy), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 112 of the Indian Evidence Act come into force?
Section 112 of the Indian Evidence Act, commonly called presumption of legitimacy, and cited as IEA 112, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.