Opinion on relationship, when relevant
Section 50 of the Indian Evidence Act, 1872 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 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
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 Indian Divorce Act, 1869 (4 of 1869), or in prosecutions under sections 494, 495, 497 and 498 of the Indian Penal Code (45 of 1860). 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 50, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 44 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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
- Indian Penal Code s. 494 Marrying again during lifetime of husband or wife
- Indian Penal Code s. 495 Same offence with concealment of former marriage from person with whom subsequent marriage is contracted
- Indian Penal Code s. 497 Adultery
- Indian Penal Code s. 498 Enticing or taking away or detaining with criminal intent a married woman
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.
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.
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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… 1952 SC 231, as to whether on facts/evidence, the Court could record a finding about the existence of lawful marriage between the parties and, if so, what should be the principle to be applied while deciding such question. Learned Judge - Fazal Ali J, speaking for the Bench examined this question in the context of Section 50 of the Indian Evidence Act, 1872 and other relevant provisions of law and laid down the following principle of law for determination of such question: "It seems to us that the question as to how far the evidence of those particular witnesses is relevant under section 50 is academic, because it is well-settled …
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… The First Appellate Court re-appreciating the material available on record and particularly considering the admission of D.W.4 and also the evidence of P.W.2 invoking Section 50 of the Indian Evidence Act so as to prove the relationship and comes to the conclusion that Gangamma is the second wife of Guddappa since D.W.4 categorically admitted the relationship, who is also the second defendant in the matter. The First Appellate Court 5 also concurred with the findings of the Trial …
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… PW2 and PW3 are close relatives of PW1 and PW4 is none other than the mother of late Reghunathan. The evidence tendered by them are relevant under Section 50 of the Indian Evidence Act. 18. As per Section 50 of the Indian Evidence Act, 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 has special means of knowledge on the subject of that …
Questions about Section 50
What have the courts held on Section 50 of the Indian Evidence Act?
Bant Singh vs Niranjan Singh (d) by Lrs. (15 Jan 2008) is the leading judgment on this section among those set out below: 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 50 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 50, section 50 IEA, section 50 of the Indian Evidence Act. People searching for it also type evidence act cth s 50. 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 50 of the Indian Evidence Act, and has it changed?
Its own text turns on Indian Penal Code 494 (Marrying again during lifetime of husband or wife), Indian Penal Code 495 (Same offence with concealment of former marriage from person with whom subsequent marriage is contracted), Indian Penal Code 497 (Adultery), Indian Penal Code 498 (Enticing or taking away or detaining with criminal intent a married woman), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BSA 44 (Opinion on relationship, when relevant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 50 of the Indian Evidence Act come into force?
Section 50 of the Indian Evidence Act, cited as IEA 50, 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.